Kalaiyarasan. R v. The Director (Pg)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Kalaiyarasan ... Petitioner Vs.

1.The Director (PG), The Department of Administrative Reforms and Public Grievances, Sardar Patel Bhavan, Parliament Street, New Delhi - 110 001.

2.The Commandant, No.122, Battalian, Border Security Force (BSF), Maharanichara, Udaipur (Tripura), PIN - 799 013.

3. Aswathi ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents not to intervene in the marital dispute, and refrain from deducting any amount from the petitioner's monthly salary under the cover of handing over as maintenance amount towards the 3rd respondent on the basis of the petitioner's representation on 16.12.2022. 1/5

For Petitioner : Mr.T.Indrachitu

O R D E R

This writ petition has been filed for a direction to the 1st and 2nd respondents, not to intervene in the matrimonial dispute and refrain from deducting any amount from the petitioner's monthly salary under the cover of handing over as maintenance amount towards the 3rd respondent on the basis of the petitioner's representation on 16.12.2022.

2. The case of the petitioner is that the petitioner and the third respondent are husband and wife and there was a matrimonial dispute between them. The grievance of the petitioner is that the official respondents are frequently interfering with the matrimonial dispute pending between the petitioner and the third respondent and hence, the petitioner has made a representation to the respondents 1 and 2 on 16.12.2022. Since, no order has been passed, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to dispose of the 2/5

representation of the petitioner, dated 16.12.2022, on merits and in accordance with law, within a specified period.

4. Since no adverse order is going to be passed in this writ petition, notice to the respondents are dispensed with.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's representation, dated 16.12.2022 and pass appropriate orders, on merits and in accordance with law, after providing opportunity to the petitioner and the third respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

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To 1.The Director (PG), The Department of Administrative Reforms and Public Grievances, Sardar Patel Bhavan, Parliament Street, New Delhi - 110 001.

2.The Commandant, No.122, Battalian, Border Security Force (BSF), Maharanichara, Udaipur (Tripura), PIN - 799 013.

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M.DHANDAPANI,J.

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