L.Priya v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2022
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 5212 of 2022 L.Priya ....
Petitioner Vs
1. The Superintendent of Police, Dharmapuri District, Dharmapuri - 5.
2. The Inspector of Police, All Women Police Station, Arur, Dharmapuri District.
3. P.Lakshmi, Inspector of Police AWPS, Arur, Dharmapuri District At present Uthangarai Police Station, Uthangarai Taluk, Krishnagir District.
....
Respondent Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direct the 1st respondent to take necessary criminal/Departmental action against the 3rd respondent and to recover the petitioner's maintenance amount of Rs.4,50,000/- from her based 1/4
on the representation of the petitioner dated 20.07.2021 within the time framed by this Court.
For Petitioner : Mr.K.Gandhi Kumar For R1 and R2 : Mr.E.Raj Thilak, Additional Public Prosecutor For R3 : Mr.A.Sakthivel
ORDER
This Writ Petition has been filed to issuance of a Writ of Mandamus, directing the 1st respondent to take necessary action against the 3rd respondent and to recover the petitioner's maintenance amount of Rs.4,50,000/- from her based on the representation of the petitioner dated 20.07.2021 within the time framed by this Court.
2. In view of the settlement between the petitioner and her husband, a sum of Rs.4,50,000/- was handed over to the third respondent by the husband of the petitioner herein. It has to be paid to the petitioner after completion of the proceedings in HMOP No.13 of 2020 and the interest has to be paid to the husband till the completion of the proceedings. However, the husband of the petitioner did not co-operate for the same and as such, 2/4
the third respondent has returned the entire amount to the husband of the petitioner herein and as such, no amount is lying with the third respondent herein. However, the third respondent, being an Inspector of Police, she has no authority to receive any money from either source or nor is it her duty to keep any money with her, on the guise of an amicable settlement at between the husband and wife. Therefore, the third respondent is directed not to indulge in any similar activities in future.
3. Recording the above submission, this Writ Petition is closed. No costs.
23.09.2022 Index:Yes/No Internet:Yes/No Lpp G.K.ILANTHIRAIYAN,J.
3/4
Lpp To
1. The Superintendent of Police, Dharmapuri District, Dharmapuri - 5.
2. The Inspector of Police, All Women Police Station, Arur, Dharmapuri District.
3. The Public Prosecutor, High Court, Madras.
W.P.No. 5212 of 2022 23.09.2022 4/4