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Madras High CourtWP/22808/2021disposed of

S.R.Purusothaman, v. The Superintendent Of Police,

2021-10-25Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.22808 of 2021 S.R.Purusothaman ... Petitioner

Versus

1. The Superintendent of Police, Superintendent of Police Office, Thiruvarur District.

2. The President, Child Welfare Committee, Collector Office-Annex Building Room No.206, Second Floor, Thiruvarur, Thiruvarur District.

3. Mrs.T.Anuvidhya

4. P.Harshini (Minor)

5. P.Vijaya Sethurayan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to take necessary action against the third respondent based on the petitioner's petition dated 19.06.2021 respectively.

For Petitioner : Mr.TN.Buvaneswaran For R1 & R2 : Mr.R.Vinoth Raja Government Advocate (Crl. Side)

O R D E R

This Writ Petition is filed to direct the first respondent to take necessary action against the third respondent based on the petitioner's petition dated 19.06.2021. 2.The petitioner had married one T.Anuvidhya 11 years prior and they have one minor daughter viz., P.Harshini and one minor son viz., P.Vijaya Sethurayan. During the 11 years period, on 16 occasions the said T.Anuvidhya had left the matrimonial home on her own and went to her sister's house, taking away the jewels and valuables without information. Thereafter, each time the petitioner has to call her back. Further, the said T.Anuvidhya's sister is not mentally stable and she is getting some pension. The petitioner's father-in-law is an elderly person, aged about 76 years and his mother-in-law is no more. The petitioner's daughter and son's life and safety is in danger, since the behavior of the petitioner's wife/fourth respondent is erotic and at times violent.

3.The petitioner had already lodged a complaint to the Child Welfare Committee/second respondent, who had taken the complaint on file, issued summons to the third respondent, but the third respondent failed to respond to the same. The second respondent thereafter not taken any proper and effective steps to secure the fourth and fifth respondents, to safeguard their life and safety, considering their welfare and future. 4.Without going into the merits of the case, the second respondent had initiated action on the representation of the petitioner dated 19.06.2021, but not moved further. In view of the same, the second respondent is directed to complete the enquiry and ensure the presence of the third, fourth and fifth respondents and make enquiry and pass appropriate orders, considering the welfare and safety of the fourth and fifth respondents. The first respondent is also directed to provide necessary protection.

5.With the above directions, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-CCC) // True Copy // Sub Assistant Registrar drm/ah To

1. The Superintendent of Police, Superintendent of Police Office, Thiruvarur District.

2. The President, Child Welfare Committee, Collector Office-Annex Building Room No.206, Second Floor, Thiruvarur, Thiruvarur.

3.The Public Prosecutor, High Court, Madras.

W.P.No.22808 of 2021 VG II(CO) B.VC (02/11/2021)