Madras High Court
A.Nazeema vs The Divisional Manager on 22 November, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.22310 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.22310 of 2021
and
W.M.P.(MD).No.18869 of 2021
A.Nazeema ... Petitioner
Vs.
1.The Divisional Manager,
Southern Railway,
O/o. the Divisional Manager,
Southern Railway, Madurai.
2.The Divisional Personnel Officer,
Southern Railway,
O/o. the Divisional Personnel Officer,
Southern Railway, Madurai.
3.Babu @ Mohideen Batcha ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the 1st and 2nd
respondents to issue the proceedings No. U/P.148/1/WP/SSE/W/MDU
dated 10.07.2013 as per the petitioner’s representation dated 15.10.2021.
For Petitioner : Mr.MA.M.Raja
For R-1 & R-2 : Mr.K.R.Laxman,
Standing Counsel
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.22310 of 2021
ORDER
This Writ Petition has been filed for issuance of writ of
mandamus directing the first and second respondents to deal with the
representation made by the petitioner on 15.10.2021, wherein, the
petitioner has requested the first and second respondents to include her
name in the family composition which was earlier deleted through
proceedings dated 10.07.2013.
2. Heard the learned counsel on either side.
3. The case of the petitioner is that she married the third
respondent in the year 2007 as per the Mohammedan law. There was a
matrimonial dispute between the petitioner and the third respondent. The
third respondent seems to have pronounced Triple Talak and ended the
marriage. This was challenged by the petitioner in O.S.No.147 of 2010
before the Sub Court, Theni and the trial Court decreed the suit in favour
of the petitioner through Judgment and Decree dated 16.12.2014.
https://www.mhc.tn.gov.in/judis
4. The third respondent filed an appeal before the learned
Principal District Judge, Theni in A.S.No.5 of 2015 and the matter was
thereafter transferred to the Additional District Court, Periyakulam and the
appeal ended in favour of the third respondent through Judgment and
Decree dated 30.11.2015. Aggrieved by the same, the petitioner filed S.A.
(MD).No.158 of 2016 and this Second Appeal was allowed through
Judgment and Decree dated 18.09.2019 and thereby, the Judgment of the
trial Court was confirmed. This Judgment was further confirmed by the
Hon'ble Apex Court while dismissing the S.L.P filed by the third
respondent by an order dated 11.09.2020.
5. The grievance of the petitioner is that pursuant to the
Judgment passed by the Appellate Court in A.S.No.5 of 2015, the third
respondent had made a representation to the first and second respondents
and deleted the name of the petitioner from the family composition. After
the Apellate Court Judgment was set aside by this Court and was further
confirmed by the Hon'ble Apex Court, the petitioner made a representation
to the first and second respondents to restore her name in the family
composition. Since the same was not acted upon, the present Writ Petition
has been filed before this Court.
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6. The learned Standing Counsel appearing on behalf of the
first and second respondents submitted that the second respondent will
deal with the representation made by the petitioner after hearing the
petitioner and the third respondent and will take a decision within the time
frame fixed by this Court.
7. Taking into consideration the facts and circumstance of the
case, there shall be a direction to the second respondent to deal with the
representation made by the petitioner on 15.10.2021 after affording an
opportunity to the petitioner and the third respondent and appropriate
orders shall be passed within a period of six (6) weeks from the date of
receipt of a copy of this order.
8. This Writ Petition is disposed of with the above directions.
No costs. Consequently, connected miscellaneous petition is closed.
22.11.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
tsg
22.11.2023
https://www.mhc.tn.gov.in/judis
