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Madras High CourtWP/21277/2018closed

R.Priya, v. The Secretary,

2018-08-21Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH W.P.No.21277 of 2018 R.Priya ... Petitioner Vs.

1. The Secretary, Home Department, Government of Tamil Nadu, St. George Fort, Chennai.

2. The District Collector, Tiruvarur District, Tiruvarur.

3. The District Superintendent of Police, Tiruvarur District, Tiruvarur.

4. G.Mahadevan

5. V.Thangaiyan

6. V.M.Kumar

7. P.S.Rajkumar

8. T.Nagalingam

9. Rajendran

10. Asaimani

11. P.Elangovan

12. N.Murugaiyan

13. R.Nagarajan

14. V.Dakshinamurthy

15. S.Subramanian

16. Panjunathan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take immediate necessary legal action against the respondents 4 to 16 for conducting Katta Panchayat/Kangaroo Court and giving illegal diktats cancelling marriage engagement of the petitioner.

For Petitioner : Mrs.R.Prabhavathy For R1 to R3 : Mrs.M.Prabhavathi Addl. Public Prosecutor for R1 to R3

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to

3. Today, Mrs.T.M.Muthulakshmi, the Inspector of Police, Thirukkalar Police Station, who is incharge of Kalappal Police Station, is present.

2. It is the case of the petitioner that her marriage engagement with fourth respondent was performed on 07.05.2018 and the marriage was scheduled to be held on 08.06.2018; since she did not like the behaviour of the fourth respondent, the marriage was called off; on 16.05.2018, the fourth respondent along with his village people and the police conducted Katta Panchayat and forcibly obtained an agreement cancelling the marriage.

3. Per contra, the learned Additional Public Prosecutor, on instructions, submitted that after the engagement, the fourth respondent came to know that the petitioner was having affairs with another person and therefore, the marriage was called off.

4. Since there are disputed questions of law, this Court cannot give any finding in this Writ Petition that the agreement dated 16.05.2018 was obtained by force, nor can this Court grant the relief as prayed for, by the petitioner. Hence, the writ petition is closed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

kal/mkn To

1. The Secretary, Home Department, Government of Tamil Nadu, St. George Fort, Chennai.

2. The District Collector, Tiruvarur District, Tiruvarur.

3. The District Superintendent of Police, Tiruvarur District, Tiruvarur.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Prabhavathy, Advocate, S.R.No.58020 W.P.No.21277 of 2018 MG(CO) GSP(06/09/2018)