← Library
Madras High CourtWP/7829/2023disposed of

T.Ananthi v. The District Collector

2023-03-14Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P. No.7829 of 2023 and W.M.P.No.8067 of 2023 T.Ananthi ... Petitioner Vs.

1.The District Collector, Collectorate, Salem & District.

2.The Superintendent of Police, District Police Head Quarters, Salem District.

3.The Inspector of Police, Karipatti Police Station, Salem & District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, to forbearing the 2nd and 3rd respondents including the unknown Police personnel from disturbing my family life residing at Athanurpatti Village, Vazhapadi Taluk and Salem District.

For Petitioner : Mr.P.Vijendran

For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed to forbear the 2nd and 3rd respondents including the unknown Police personnel from disturbing his family life residing at Athanurpatti Village, Vazhapadi Taluk and Salem District. 2.The learned counsel for the petitioner submitted that the respondent Police is unnecessarily harassing the petitioner stating that her husband is involved in a criminal case. Even if her husband is involved in criminal case, respondents have no right to interfere with the life and affairs of the petitioner and family members. The respondent Police had broken upon the lock and key of the petitioner's house and ransacked the house without following the procedure for search. Therefore, this petition. 3.In response, the learned Government Advocate (Criminal side) submitted that on the basis of the complaint given by one Sathya, First Information Report in Cr.No.35 of 2023 for the offence under Section 147, 148 and 302 I.P.C. was registered by Karipatty Police Station. Initially petitioner's husband Thirumuruga Veera Pandiyan was suspected in this

case. After investigation, it is found that he is not involved in this case. During the course of investigation, respondent Police made a search of the premises of the petitioner and found no incriminatory materials. The search report was submitted to concerned jurisdictional Magistrate. Allegation that respondent Police have not followed the procedure at the time of search is not correct.

4.In the light of the submission made by the learned counsel appearing for the parties and that petitioner's husband is not an accused in the aforesaid crime number, this Court directs the respondent Police not to interfere with the petitioner's family life unnecessarily. If the petitioner is required for enquiry in connection with any criminal case, the respondent Police are required to follow the procedure established by law.

5. With the above direction and observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

14.03.2023 ep Index :Yes/No Internet:Yes/No

G.CHANDRASEKHARAN, J.

ep To 1.The District Collector, Collectorate, Salem & District.

2.The Superintendent of Police, District Police Head Quarters, Salem District.

3.The Inspector of Police, Karipatti Police Station, Salem & District.

4.The Public Prosecutor High Court of Madras.

W.P. No.7829 of 2023 and W.M.P.No.8067 of 2023

14.03.2023