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Madras High CourtWP(MD)/14705/2013dismissed as infructuous

R. Rajeshwari, v. The State Of Tamil Nadu

2022-08-24Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR R.Rajeshwari ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary Home Department, Fort St. George, Chennai-9.

2.The Inspector General of Police, South Zone, Madurai.

3.The Superintendent of Police, Madurai Rural, Madurai.

4.The Inspector of Police, All Women Police Station, Samayanallur, Madurai.

5.S.Hariharan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to issue necessary direction to the third respondent to give protection for the petitioner's matrimonial life with the fifth respondent at the matrimonial home of the fifth respondent at Madurai, based on her representation dated 20.05.2013 made to the first respondent. 1/4

For Petitioner : No Appearance For R1 to R4 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R5 : Mr.Ajayram

O R D E R

This writ petition has been filed seeking for issuance of a Writ of Mandamus directing the first respondent to issue necessary direction to the third respondent to give protection for the petitioner's matrimonial life with the fifth respondent at the matrimonial home of the fifth respondent at Madurai, based on her representation dated 20.05.2013 to the first respondent.

2.It is not in dispute that the petitioner is the wife of the fifth respondent and according to the petitioner, herself, fifth respondent and her in-laws were residing at Plot No.43, Pearl Residency in G.S. Nagar, Near S.V.P. Nagar, O.Alangulam, Madurai at the time of filing the above petition.

3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that the Secretary of Pearl 2/4

Residency has given a letter to the fourth respondent police stating that the petitioner and the fifth respondent were residing in the Pearl Residency from 29.06.2012 along with the fifth respondent's parents and that subsequently, due to the family issues, the petitioner along with her grandmother are staying in the above residency of the petitioner and that the fifth respondent and his parents are not residing in the above residency for the past two years.

4.The learned counsel for the fifth respondent is present. 5.As rightly contended by the learned Additional Public Prosecutor, the petitioner and the fifth respondent are now residing separately.

5.Recording the submission made by the learned Additional Public Prosecutor, this Writ Petition is dismissed as infructuous. No costs. 24.08.2022 Index :Yes/No Internet : Yes/ No sji 3/4

K.MURALI SHANKAR, J sji To 1.The Principal Secretary, State of Tamil Nadu, Home Department, Fort St. George, Chennai-9.

2.The Inspector General of Police, South Zone, Madurai.

3.The Superintendent of Police, Madurai Rural, Madurai.

4.The Inspector of Police, All Women Police Station, Samayanallur, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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