Madras High CourtWP(MD)/25922/2022disposed of

Ramamoorthy v. The Director

2022-11-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Ramamoorthy ... Petitioner Vs.

1.The Director, Information and Public Relations Departments, Chief Secretariat, Chennai-600 009.

2.The General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Ltd., 3.M.Shanthana Lakshmi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents 1 and 2 for not to disburse the monetary benefit of the 3rd respondent's deceased husband and consequently direct the 1st respondent to take departmental action to recover petitioner's amount by attaching the monetary benefit of 3rd respondent husband based on 2nd respondent proceedings in Ka.No. 10170/E12/PaA/ThaAPoga/Thili/2020 dated 08.07.2021. 1/4

For Petitioner : Mr.B.Mahendrarajan For R1 : Mr.A.K.Manikkam Special Government Pleader For R2 : Mr.D.Jebaraj Standing Counsel

ORDER

Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for R1 and the learned standing counsel for R2.

2. Considering the nature of relief to be granted, issuance of notice to R3 is dispensed with.

3. It is alleged that the petitioner was cheated by the husband of the third respondent. In that regard, a criminal case was registered. The third respondent was employed in TNSTC. The petitioner wants this Court to restrain R1 and R2 from disbursing terminal benefits to the third respondent.

4. Since the accused / Murugesan is no more, the present writ petition may not be maintainable. The petitioner has to necessarily file a civil suit and work out his remedy.

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5. With this liberty to the petitioner to move the jurisdictional civil Court, the writ petition is disposed of. No costs. 16.11.2022 Index : Yes / No Internet : Yes/ No rmi To The Director, Information and Public Relations Departments, Chief Secretariat, Chennai-600 009.

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G.R.SWAMINATHAN, J.

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