Mrs.Mylaathaal v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 09-03-2015

CORAM:

THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P.No.6433 of 2015 and M.P.No.1 of 2015

1. Mrs.Mylaathaal W/o.P.Krishnaswamy No.12/2 Aasar Nagar 2nd Street North Tiruppur ... Petitioner Vs

1. The Commissioner of Police Tiruppur

2. The Deputy Commissioner of Police, Tiruppur

3. The Inspector of Police Anupparpalayam , Tiruppur, Tiruppur District

4. The Inspector of Police All Women Police Station , Tiruppur

5. Mr.P.Krishnaswamy No.12/2 Aasar Nagar 2nd Street North Tiruppur ... Respondents Petitions filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 4 herein to ensure and forbear the 5th respondent from infringing and violating the Fundamental & constitutional Rights of the petitioner & Children guaranteed & enshrined in the Articles 21 of Constitutional of India For petitioner : M/s. M. Easan For respondents : Mr. S. Gunasekaran, GA

ORDER

Heard the learned counsel for the petitioner and Mr. S. Gunasekaran, learned Government Advocate for the respondent. With consent, the main writ petition itself is taken up for final disposal.

2.

The petitioner has filed the writ petition to direct the respondents 1 to 4 herein to ensure and forbear the 5th respondent, who is the husband of the petitioner from infringing and violating her fundamental and constitutional rights and her children, guaranteed & enshrined in the Articles 21 of Constitutional of India. Though the prayer sought for in the writ petition is innocuously couched, the sum and substance of the allegation is made against the fifth respondent, her husband. According to the petitioner, the personal life and liberty of herself and her children are being consistently infringed and violated by the fifth respondent. In this regard, a complaint has been given to the third respondent dated 10-03-2014. It appears that the complaint is still pending against the third respondent.

3.

In view of the above, the petitioner is directed to produce a copy of this order along with the copy of the complaint dated 10-03-2014 before the fourth respondent. The fourth respondent shall conduct an enquiry on the said complaint, by issuing notice to the concerned parties, and dispose of the same within a period of four weeks. It is needless to state that the petitioner shall appear for the enquiry before the fourth respondent, as and when called for.

4.

The writ petition is disposed of, accordingly. No costs. The connected miscellaneous petition is also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar glp To

1. The Commissioner of Police Tiruppur

2. The Deputy Commissioner of Police, Tiruppur

3. The Inspector of Police Anupparpalayam , Tiruppur, Tiruppur District

4. The Inspector of Police All Women Police Station , Tiruppur +1cc to Mr.M.Easan, Advocate, S.R.No.13068 +1cc to the Government Pleader, S.R.No.13251 W.P.No.6433 of 2015 SV(CO) CA(20/03/2015)