Mrs.Ammu@Rajalakshmi v. The District Collector

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.11.2021

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No. 24678 of 2021 Ammu @ Rajalakshmi

...Petitioner

Vs.

1.The District Collector Cuddalore District Cuddalore.

2.The Tahsildar Chidambaram Taluk Cuddalore District.

3.The Revenue Inspector Chidambaram Taluk Chidambaram District.

4.The Village Administrative Officer Kadavacheri Village Chidambaram Taluk Cuddalore District.

5.Murugan @ J.Senthilkumar

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 07.07.2021. For Petitioner :

Mr. L.Rajendran For Respondents :

Mr. U.Baranidharan Additional Government Pleader

O R D E R

Heard Mr. L.Rajendran, Learned Counsel for the Petitioner and Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record.

2.The case of the Petitioner is as follows:- The Petitioner's father died, during August, 2019. At the instance of an astrologer, viz., Mr.Jayapal, the Petitioner's marriage has been taken place with the Fifth Respondent, who is the son of the Astrologer, immediately, with the consent of both families.

The Petitioner was married to the Fifth Respondent, viz., J.Senthilkumar in the presence of the petitioners mother and relatives on 02.10.2019 at 'Sri Abirami Amman Temple' Thirukadaiyur, Nagapattinam District. After that, the Petitioner and the Fifth Respondent lived together in the matrimonial home for 3 days. Thereafter, the Petitioner came to know that the Fifth Respondent already married with a lady and they are also having a female child. But the Second Respondent issued a certificate that no marriage was solemnized to the Fifth Respondent.

3. In view of the above, the Petitioner filed a complaint on 16.07.2020 against the Fifth Respondent and his family members before the Superintendent of Police, Cuddalore District, which was forwarded to the Inspector of Police, All Women Police Station, Chidambaram and registered as Crime No.6 of 2020 for the offences under Sections 495, 498(A), 406 and 506(1) of IPC.

4. Further, the Petitioner also gave a representation to the First Respondent to take action against the First to Fifth Respondents in view of the fact that without proper enquiry a certificate came to be issued on 19.09.2019 in O.Mu.A.(9) / 1784/2019 by the Second to Fourth Respondents in favour of the Fifth Respondent. Since inaction on the part of the First Respondent, the Petitioner has filed this Writ Petition.

5. Considering the facts and circumstances of the case and also submissions made by the Learned Counsel appearing on either side, this Court directs the First Respondent to dispose of the representation dated 07.07.2021 within a period of twelve(12) weeks from the date of receipt of a copy of this order. Further, the First Respondent is directed to take disciplinary proceedings against the officials, who issued, if the certificate issued by them is false as alleged.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar Rli To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Tahsildar, Chidambaram Taluk, Cuddalore District.

3.The Revenue Inspector, Chidambaram Taluk, Chidambaram District.

4.The Village Administrative Officer, Kadavacheri Village, Chidambaram Taluk, Cuddalore District.

+1cc to Mr.L.Rajendran, Advocate SR. No.59249 +1cc to Government Pleader SR. No.59752 W.P. No. 24678 of 2021 BS (CO) PR (10/12/2021)