Kalaiselvi v. The Commissioenr Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.27529 of 2022 Mrs. Kalaiselvi .. Petitioner Vs

1. The Commissioner of Police, Salem.

2. The Inspector of Police, Kondalampatti Police Station, Salem City.

3. P. Thangaraj .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 24.09.2022 and forbearing the 2nd respondent from interfering in the peaceful possession of the petitioner's property.

For Petitioner : M/s.A.S.Neela Narayani For Respondents : Mr. S. Santhosh, GA for R1 & R2

ORDER

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This writ petition has been filed in the nature of Mandamus, seeking a direction to the 1st respondent to consider the petitioner's representation dated 24.09.2022 and forbearing the 2nd respondent from interfering in the peaceful possession of the petitioner's property.

2. The learned counsel for the petitioner submitted that the petitioner is the wife of 3rd respondent, who is a drunkard. Since the 3rd respondent led a wayward life by spending money in an irresponsible way, she has been living separately from him for the past 1 1⁄2 years. Whileso, the 3rd respondent lodged a false complaint against the petitioner and her father before the 2nd respondent on 2.8.2022 alleging that the petitioner is refusing to handover the partition deed documents in respect of the property belonging to 3rd respondent. He would further submit that on the basis of the complaint lodged by the 3rd respondent, the 2nd respondent police is constantly harassing the petitioner under the guise of enquiry. Having regard to the same, the petitioner has also sent her representation dated 01.09.2022 stating that she will work out her remedy through concerned Civil Court, but the same was not considered by the respondents. Thus she filed the present writ petition for the 2/4

aforesaid reliefs.

3. When the matter was taken up for hearing, the learned Govt. Advocate (crl.side) appearing for the respondent police submitted that on the complaint received from one Thangaraj, enquiry was conducted and closed and as on date, no complaint was pending against the petitioner. He would also submit that the 2nd respondent never interfered with the peaceful possession of the petitioner.

4. Recording the submission of the learned Govt. Advocate (crl.side), this writ petition is closed. No costs.

14.10.2022 Index : Yes / No Internet : Yes/ No msr To

1. The Commissioner of Police, Salem.

2. The Inspector of Police, Kondalampatti Police Station, Salem City.

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V. SIVAGNANAM, J.

msr W.P.No.27529 of 2022 14.10.2022 4/4