Madras High CourtWMP(MD)/14696/2025disposed of

Nivethitha v. Iruthaya Samy

2026-03-24Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-03-2026

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR IN WP(MD) NO. 9032 of 2025 1.I.Nivethitha 2.I.Elakkiah Petitioner(s) Vs 1.Iruthaya Samy 2.The District Educational Officer (Elementary), Oddanchatram Educational District, Oddanchatram, Dindigul District, (Formerly known as the District Educational Officer (Elementary) Bathlagundu Educational District, Bathlagundu) 3.The Block Educational Officer, Kodaikanal, Dindigul District.

Respondent(s) For Petitioner(s):

Mr.S.Sivailayaraja, Advocate 1/4

Prayer : Writ Miscellaneous Petition is filed under Article 226 of the Constitution India to permit the petitioners to implead as 3rd and 4th respondents in the W.P.(MD)No.9032 of 2025 on the file of this Court.

ORDER

The petitioners herein have a claim against the first respondent/writ petitioner in the light of the order passed in Cr.M.P. No.1624 of 2008, dated 04.02.2011, on the file of the Court of the District Munsif-cum-Judicial Magistrate, Sivagiri, directing payment of maintenance of Rs.3,000/- (Rupees Three Thousand only) per month to each of the petitioners, with effect from the date of the said order, i.e., 04.02.2011.

2. Though there was an attachment of the salary of the respondent/writ petitioner, the said attachment could not be given effect to, as the respondent/writ petitioner was under suspension throughout his service from 2012 to 2023. As the claim of the petitioners herein is based upon an order passed by a competent court, it is always open to them to pursue the same by approaching the employer of the respondent/writ petitioner or by filing an appropriate petition before the competent court. 2/4

However, under no circumstances can the petitioners herein be said to be proper or necessary parties to the main writ petition. Therefore, this Court is not inclined to permit the petitioners herein to come on record in the main writ petition.

3. Accordingly, this Writ Miscellaneous Petition is dismissed, with liberty, subject to the observations made herein. 24-03-2026 (2/2) mkn 3/4

MUMMINENI SUDHEER KUMAR, J.

mkn IN WP(MD) NO. 9032 of 2025 24.03.2026 (2/2) 4/4