Beulah Venitha v. The District Collector
2024:MHC:2345
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH Mrs.Beulah Venitha .. Petitioner vs 1.The District Collector, Chairperson, District Police Complaints Authority, Chennai District, Tamil Nadu - 600 001.
2.The Director General of Police, Post Box No. 601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3.The Additional Director General of Police, Crime Branch, CID Wing, No.220, Old Commissioner of Police Complex, Pantheon Road, Komaleeswaranpet, Egmore, Chennai.
4.The Director, Women Safety Division, Ministry of Home Affairs, 97, North Block, New Delhi - 110 001.
5.Naseema.A 6.Jothi Prakash 7.G.Elumalai .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 1st respondent to initiate disciplinary proceedings against the 5th respondent and consequently direct the 3rd respondent to submit its inquiry report within six months in 1/4
accordance with Tamilnadu Police (Reforms) Rules, 2022 section 19(2) based on the petitioner's representation dated 02.12.2023. For Petitioner :
Mr.G.Vana Narayanan For Respondents :
Mr.P.Harish, GA for R1 Mr.S.Vinodh Kumar Government Advocate (Crl.Side) for R2, R3 No appearance for R4, R5 Mr.P.Parthiban for R6, R7
ORDER
The petitioner is the wife of R6 and the daughter-in-law of R7. There are marital disputes between the petitioner and R6 and H.M.O.P.No.4132 of 2022 has been filed by R6 before the II Additional Family Court, Chennai seeking dissolution of marriage. The petitioner is stated to have filed a maintenance petition in MC No.39 of 2024 and Domestic Violence complaint, as against R6 and R7, which are being contested by them.
2.
The petitioner now seeks a mandamus directing the first respondent to initiate disciplinary proceedings as against R5 and consequently direct R3 to submit an enquiry report within six months, in accordance with the Tamil Nadu Police Reforms Rules, 2022. The petitioner is aggrieved by the inaction of R5 in the matter. 3.
The Court consciously desists from referring to the factual averments in the writ petition as, in the ultimate analysis, directions have been issued to R1 to R3 to do needful on the petitioner's representation. 4.
Suffice it to, at this juncture, record the objections of 2/4
Mr.Vinoth Kumar, who appears for the official respondents, who states that there has been absolutely no delay in the matter. FIR was registered on 09.11.2022 in Crime No.23 of 2022. Final report was filed on 16.08.2023 after due investigation and cognizance was taken by the Additional Mahila Court, Egmore in C.C.No.41 of 2023. The matter is pending and the private parties are duly contesting the matter. Thus, learned counsel would urge that there is no dereliction of duty by R5 and the prayer of the petitioner is misconceived. 5.
Since the matter involves due investigation into various facts, this Court merely directs R1 to forward representation dated 02.12.2023 to R3, who shall look into the same, hear the parties and take a view on the representation, within a period of six weeks from today, in accordance with law.
6.
Writ petition stands disposed in terms of this order. No costs. 14.06.2024 Index:Yes/No ssm 3/4
DR. ANITA SUMANTH,J.
ssm To 1.The District Collector, Chairperson, District Police Complaints Authority, Chennai District, Tamil Nadu - 600 001.
2.The Director General of Police, Post Box No. 601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3.The Additional Director General of Police, Crime Branch, CID Wing, No.220, Old Commissioner of Police Complex, Pantheon Road, Komaleeswaranpet, Egmore, Chennai.
4.The Director, Women Safety Division, Ministry of Home Affairs, 97, North Block, New Delhi - 110 001.
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