Kalyani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Kalyani ... Petitioner
Versus
1.The District Collector Thiruvarur
2. The Superintendent of Police, Thiruvarur.
3). The Revenue Divisional Officer cum Maintenance Tribunal under the Maintenance and Welfare of Parents & Senior Citizens Act, Mannargudi, Thiruvarur District.
4). The Deputy Superintendent of Police, Mannargudi, Thiruvarur District.
5). The Deputy Superintendent of Police, Thiruthuraipoondi, Thiruvarur District.
6). The Inspector of Police, Town Police Station, Mannargudi, Thiruvarur District.
7.The Inspector of Police Kottur Police Station, Kottur, Thiruvarur District 8.The Sub Inspector of Police Vikrapandiyam Police Station
Vikrapandiyam, Thiruvarur District 9.Amutha Udia Komar 10.Madhavan 11.Prasanth .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 4 and 5 to appropriate action as per the direction of the 3rd respondent dated 12.06.2025 in his proceedings in Na.Ka.No.132/2025/A3 consequently direct the 6th respondent to provide with police protection to the petitioner herein.
For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.K.M.D.Muhilan for R1 to R8 Additional Public Prosecutor Mr.Thobias Arul for R10 & R11
ORDER
The writ petition has been filed directing the respondents 4 and 5 to appropriate action as per the direction of the 3rd respondent dated 12.06.2025 in his proceedings in Na.Ka.No.132/2025/A3 consequently direct the 6th respondent to provide with police protection to the petitioner herein.
2. It is the case of the petitioner that she is a widow and senior citizen. Her son was married to the 9th respondent and died under suspicion. After
the demise of his son, the 9th respondent along with the respondents 10 and 11 criminally trespassed into the property and unlawfully removed her cattle and vehicles. Despite repeated complaints to the police, no meaningful action was taken, therefore, the petitioner approached RDO under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and filed an application, wherein, the third respondent directed the respondents 4 and 5 to take appropriate action and report compliance. Hence, this writ petition for a direction to respondents 4 and 5 to implement the order and provide police protection.
3. Heard both sides and perused the materials placed on record.
4. At the outset, this Court is of the view that what the petitioner could not achieve before the Civil Court is trying to achieve by way of this writ petition. The very relief sought against his own daughter in law through the police to the effect that they should be thrown out from the property and the possession should be handed over to the petitioner, such things cannot be permitted by way of a writ petition. The grievance of the petitioner is his
daughter in law through some other rowdy elements had closed house and taken out the other articles. According to the petitioner, the entire possession has been taken out recently, therefore, she has given a complaint to the third respondent and the third respondent had in fact directed respondents 4 and 5 to enquire into the entire matter, thus, seeks to implement the order of the third respondent. The very manner in which the petitioner has filed the application indicates that through the police personnel, the petitioner is trying to achieve what she could not achieve in normal circumstances. Such view of the matter, it is for the petitioner to work out her remedy before the Civil Court.
5. In view of the above, this writ petition stands dismissed. No costs. 01.09.2025 dhk Index :Yes/No Internet:Yes/No
To 1.The District Collector Thiruvarur
2. The Superintendent of Police, Thiruvarur.
3). The Revenue Divisional Officer cum Maintenance Tribunal under the Maintenance and Welfare of Parents & Senior Citizens Act, Mannargudi, Thiruvarur District.
4). The Deputy Superintendent of Police, Mannargudi, Thiruvarur District.
5). The Deputy Superintendent of Police, Thiruthuraipoondi, Thiruvarur District.
6). The Inspector of Police, Town Police Station, Mannargudi, Thiruvarur District.
7.The Inspector of Police Kottur Police Station, Kottur, Thiruvarur District 8.The Sub Inspector of Police Vikrapandiyam Police Station Vikrapandiyam, Thiruvarur District
N. SATHISH KUMAR, J.
dhk 01.09.2025