Court dismissed a writ petition challenging an administrative order deducting pension amounts based on a civil court execution decree. Petitioner failed to establish independent jurisdiction as remedies lie in civil appeal.
Writ petition dismissed for lack of merit; no independent cause for Article 226 intervention established.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2019
C O R A M
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM
Writ Petition No. 10190 of 2018
and
W.M.P.No.12129 of 2018
M.N.Saraswathi ... Petitioner
Vs. 1.The Commissioner and Director of Survey and Land Records, Chepauk, Chennai – 600 005 2.Sakthivel ... Respondents PRAYER Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records made in Na.Ka.No.Ja.2/16764/2014/Ni.A) dated 11.4.2018 on the file of First Respondent herein and quash the same as illegal and direct the First Respondent not to deduct any amount from future salary of the petitioner/pensioner based on E.P.No.125/2016 in O.S.No.424/2006 dated 21.03.2018 on the file of First Additional Sub Court, Erode. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.R.S.Selvam [For R1] Government Advocate Mr.N.Manokaran [For R2] O R D E R
PRAYER Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records made in Na.Ka.No.Ja.2/16764/2014/Ni.A) dated 11.4.2018 on the file of First Respondent herein and quash the same as illegal and direct the First Respondent not to deduct any amount from future salary of the petitioner/pensioner based on E.P.No.125/2016 in O.S.No.424/2006 dated 21.03.2018 on the file of First Additional Sub Court, Erode.
The order impugned dated 11.04.2018 reads as under :-
“ghh;itapy; fhZk; Mizapy; j';fs; kPJ kDjhuh; jpU/vk;/rf;jpnty; vd;gth; <nuhL khtl;l ePjpkd;wj;jpy; bjhlh;e;j E.P.No.125/2016 (k) O.S. No.424-2008 tHf;fpd; 21/03/2018 ehsJ jPh;g;gpy;. j';fSf;F nru ntz;oa tpLKiw fhy rk;gsj;bjhif (Leave Salary) U:gha; 7.15.000-- y; kDjhuUf;F nruntz;oa jPh;g;gj;[ bjhif U:gha; 3.50.000-- fhh;dPrp K:yk; gw;Wif bra;a[k;go Miz gpwg;gpf;fg;gl;Ls;sJ. Mdhy; j';fSf;F nru ntz;oa tpLKiw fhy rk;gsbjhif (Leave Salary) Vw;fdnt bgw;Wf;bfhz;Ltpl;ljhy;. j';fSf;F ,dptUk; fhyj;jpy; nru ntz;oa bjhifapUg;gpd; mj;bjhifapypUe;J kDjhuh; jpU/vk;/rf;jpnty; vd;gtUf;F nruntz;oa jPh;g;g[j; bjhif U:gha;/3.50.000-- I gpoj;jk; bra;a eltof;if vLf;fg;gLk; vd;gijj; bjhptpj;Jf;bfhs;fpnwd;/”
2.The learned counsel appearing on behalf of the respondents states that the impugned order was passed by the competent authorities based on the order passed by the competent civil court in E.P. No. 125 of 2016 in O.S. No. 424 of 2006 dated 21.03.2018. If at all the writ petitioner is aggrieved from and out of the execution order passed by the civil court, he has to prefer an appeal before the competent appellate court in order to adjudicate the issues involved in the judgment and decree of the civil court or the order passed in the Execution Petition. Contrarily, the administrative order passed by the respondents implementing the civil court decree cannot provide a cause for the writ petitioner to file a writ petition and such order passed based on the judgment and decree of the civil court cannot be adjudicated in a writ proceedings under Article 226 of the Constitution of India.
3.Thus, the writ petitioner has not established any acceptable cause for the purpose of entertaining this writ petition. Accordingly, this writ petition is devoid of merits and stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/Deputy Registrar(CS) //True Copy// Sub Assistant Registrar maya To
The Commissioner and Director of Survey and Land Records, Chepauk, Chennai – 600 005.
+1 cc to Mr.N.Manokaran,Advocate Sr.No.36692
W.P. No. 10190 of 2018
RSI(CO) MP(21/05/2019)
1 issue framed by the court
Whether an administrative order implementing a civil court decree is justiciable under Article 226 via a writ petition when aggrieved parties have remedies in civil appeal.
1 provisions across 1 enactments
M.N. Saraswathi
Commissioner and Director of Survey and Land Records
Sakthivel
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
