Madras High CourtWP Crl.(MD)/1684/2025disposed of

Annathai v. The District Collector

2025-11-06Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.11.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN W.P.Crl.(MD). No.1684 of 2025 Annathai, ... Petitioner Vs.

1. The District Collector, District Collector Office, Virudhunagar District.

2. The Superintendent of Police,, Virudhunagar, Virudhunagar District.

3. The Inspector of Police,, Elayirampannai Police Station, Sattur Taluk, Virudhunagar District.

... Respondents PRAYER :- This Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to forthwith comply with the communication letter addressed by the Learned District Munsif Cum Judicial Magistrate No.1, Sattur, in M.C.No.07 of 1997 vide D.No.334 dated 22.05.2025, and further directing the respondents 2 and 3 to execute the Non bailable warrant issued by the learned District Munsif Cum Judicial Magistrate No.1, Sattur, in M.C.No.07 of 1997 within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.S.Vishnuvardhan, For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor for R2 & R3 : Mr.A.Oli Raja, Government Advocate (Civil) for R1

ORDER

This Petition is filed for a mandamus, directing the respondents to forthwith comply with the communication of the learned District Munsif Cum Judicial Magistrate No.1, Sattur, in M.C.No.07 of 1997 dated 22.05.2025, and further directing them to execute the Non bailable warrant issued against the petitioner's husband one Sundarraj.

2. The learned Additional Public Prosecutor would submit that the said Sundarraj is aged about 85 years; that he is bedridden; that the respondents could not execute the warrant; that they have also filed the report before the Judicial Magistrate No.1, Sattur, stating the above said facts 2/4

3. In view of the above report, this Court cannot issue a mandamus as prayed for as the respondents have complied with the direction and filed a report, as stated above. It is needless to say that it is open to the petitioner to seek any other appropriate remedy for the recovery of the arrears of maintenance.

4. With the above observation, this Writ Petition is disposed of. 06.11.2025 Index: Yes/ No Speaking Order / Non-Speaking Order LS/ars TO

1. The District Collector, District Collector Office, Virudhunagar District..

2. The Superintendent of Police,, Virudhunagar, Virudhunagar District.

3. The Inspector of Police,, Elayirampannai Police Station, Sattur Taluk, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN,J LS/ars WP CRL.(MD) No.1684 of 2025 06.11.2025 4/4