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Madras High CourtWP/24375/2023disposed of

Muthulakshmi v. The District Collector

2023-08-22Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and W.M.P.No.23813 of 2023 Muthulakshmi

...Petitioners

vs.

1.The District Collector Collectorate Building Coimbatore.

2.The Joint Director, Department of Medical and Rural Health Services, Race Course Road, Coimbatore 3.The Inspector of Police, Negamam Police Station, Negamam.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the representation dated 20.07.2023 of the petitioner and to remove the lock and Page No.1/4

seal kept at the petitioner's residence situated at No.4/311, CM Nagar, Vadachittur, Kenathukadavu Taluk, Coimbatore. For Petitioners : Mr.T.Saikrishnan For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This writ petition has been filed for a direction to the respondents to consider the representation made by the petitioner on 20.07.2023 and to remove the lock and seal from the property belonging to the petitioner.

2. Heard the learned counsel for the petitioner and the respondent and also perused the materials available on record. 3.The FIR came to be registered by the respondent police in Crime No.86 of 2019. It is submitted that an alteration report was filed before the concerned Court by altering offences to Section 314 read with 109 of IPC and Section 15(2)(a) and Section 3 of Indian Medical Council Act 1956. The learned Additional Public Prosecutor further submitted that the investigation is completed and the final report will be filed shortly. Page No.2/4

4. Taking into consideration the facts and circumstances of the case and also the fact that an abortion was conducted and the deceased had died due to the complications that ensued out of the abortion conducted, there shall be a direction to the petitioner to give an undertaking affidavit before the third respondent that she will not run any dispensary or clinic in the subject property. On such undertaking being given by the petitioner, the third respondent is directed to remove the lock and seal of the premises.

5. This writ petition is disposed of in the above terms. 22.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa Page No.3/4

N. ANAND VENKATESH, J.

nsa To 1.The District Collector Collectorate Building Coimbatore.

2.The Joint Director, Department of Medical and Rural Health Services, Race Course Road, Coimbatore 3.The Inspector of Police, Negamam Police Station, Negamam.

4.The Public Prosecutor, Madras High Court, Chennai 600 104..

and W.M.P.No.23813 of 2023 22.08.2023 Page No.4/4