S.Amutha Vs the Secretary to Government

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus, directing the second respondent herein to take action on the representation of the petitioner dated 22.04.2026 made to take disciplinary action against the fourth respondent and to withhold all the retirement benefits within a time frame as may be fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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WP No. 22519 of 2026

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For Petitioner(s): Mr.R.Kamaraj For Respondent(s): Mr.L.Gokulraj, Government Advocate

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ORDER

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This Writ Petition has been filed seeking a direction to the second respondent to consider and pass orders on the petitioner's representation dated 22.04.2026, which requests disciplinary action against the fourth respondent and the withholding of all their retirement benefits, within a time frame to be fixed by this Court.

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The case of the petitioner is that she married the fourth respondent on 19.06.1994 and they have three children. The petitioner alleges that her husband has been maintaining an illicit relationship with another woman, Vigeneswari and neglected his family responsibilities. Despite complaints made to the authorities, no action was taken against him. She also filed a maintenance case in M.C.No.6 of 2021, in which maintenance was awarded, but the amount was not properly paid. Since the fourth respondent is a Government servant and is due to retire shortly, the petitioner submitted a representation dated 22.04.2026 to the official respondents seeking disciplinary action against him for misconduct and requesting that his retirement benefits be withheld. As no action was taken on the said representation, the petitioner has approached this

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https://www.mhc.tn.gov.in/judis

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WP No. 22519 of 2026

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Court seeking a direction to the respondents to consider her representation and take appropriate action in accordance with law.

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Heard the learned counsel on both sides and perused the materials available on record.

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The relief sought in the writ petition is for a direction to the respondents to consider the petitioner’s representation seeking disciplinary action against the fourth respondent, who is her husband.

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The allegations regarding the fourth respondent’s illicit relationship and misconduct have admittedly existed for a considerable period of time and were also the subject matter of maintenance proceedings initiated by the petitioner in M.C.No.6 of 2021. The Court finds that the dispute between the petitioner and the fourth respondent is essentially matrimonial and personal in nature. The petitioner has approached this Court only at the stage when the fourth respondent is due to retire from service, seeking disciplinary action and withholding of his retirement benefits.

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In the facts and circumstances of the case, this Court is of the view that the writ jurisdiction under Article 226 of the Constitution of India cannot be invoked for settling a private matrimonial dispute or for indirectly securing

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https://www.mhc.tn.gov.in/judis

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WP No. 22519 of 2026

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relief against the spouse through service proceedings. Therefore, no mandamus can be issued as sought for by the petitioner.

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