S.Hemalatha, v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.39973 of 2015 S.Hemalatha ... Petitioner Vs

1. The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Director General of Police, Mylapore, Chennai - 600 004.

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

4. The Inspector of Police, Jeyamkondam Police Station, Jeyamkondam, Ariyalur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing respondents to initiate appropriate action on the complaint of the petitioner dated 21.11.2015 and give protection to the petitioner and their children from the harassment of the ununiformed 'Special Team' police constitute by the third respondent.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.P.Sanjay Gandhi, Additional Government Pleader.

O R D E R

The present Writ Petition has been filed to direct the respondents to initiate appropriate action on the petitioner's complaint, dated 21.11.2015 and give protection to the petitioner and their children from the harassment of the ununiformed Special Team Police constituted by the third respondent.

2. The petitioner is residing at Devanor Village, Udayarpalayam Taluk, Ariyalur District. During the year 2013, her husband left India and now, he is working in abroad. The petitioner came to know that a case was registered by the fourth respondent against her husband and the same is pending. On 03.11.2015, at 3.30 p.m., some un-uniformed police persons came to petitioner's house and opened her house by using duplicate key and they have also taken some important documents from her house. On the same day, at 7.00 p.m., they once again came to her house and enquired about the petitioner's husband. Thereafter, the un-uniformed police are frequently visiting the petitioner's house and harassing the petitioner under the guise of enquiry. Hence, he has come forward with the present Writ petition.

3. Today, when the matter was taken up for consideration, learned Additional Government Pleader submitted that based on the complaint lodged by one D.Sivasubramanian, a case has been registered against the petitioner's husband in Crime No.221 of 2012 for the alleged offences under Sections 286 IPC, 485 of Explosive Substances Act 1909, r/w. 25(1)A of Arms Act 1959. Only for the purpose of investigation, they enquired the petitioner. It is needless to state that the respondent police are not harassing the petitioner and her children. The respondent police has no intention to harass the petitioner and her children.

4. In view of the submission made by the learned Additional Government Pleader, there is no need to give any specific direction to the respondents.

5. Recording the said submission of the learned Additional Government Pleader, this Writ Petition is closed. mrp s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Director General of Police, Mylapore, Chennai - 600 004.

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

4. The Inspector of Police, Jeyamkondam Police Station, Jeyamkondam, Ariyalur District.

5. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.P.Pugalenthi, Advocate SR 1595 + 1 cc to Govt.Pleader, High Court, Madras SR 1809 ca(co) prk27/1 W.P.No.39973 of 2015