G.R.Vidhya, D/O.George, v. The Registrar(General)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.9068 of 2019 G.R.Vidhya : Petitioner Vs.
1.The Register (General), High Court of Madras, Madras.
2.The Registrar (Judicial), High Court of Madras, Madurai Bench, Madurai.
3.The Registrar (Vigilance), High Court of Madras, Madras.
4.The Principal District Judge, Kanyakumari District, Nagercoil.
5.Mrs.Jenita, The Judicial Magistrate No.II, Nagercoil, Now working as District Munsiff cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District.
6.Ms.Bharatha Devi, Judicial Magistrate (FTC) No.1, Nagercoil.
7.Mrs.Preetha, Judicial Magistrate No.1, Nagercoil, Now working as Subordinate Judge, Ramanathapuram, Ramanathapuram District.
: Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents 1 to 4 to conduct the enquiry based upon petitioner's complaint dated 25.04.2018.
For Petitioner : Mr.M.Suresh For R-1 to R-4 : Mr.Pala Ramasamy
O R D E R
************ [Order of the Court was made by K.RAVICHANDRABAABU, J.] This Writ Petition is filed seeking for a direction to the respondents 1 to 4 to conduct an enquiry based on the petitioner's complaint, dated 25.04.2018.
2.Heard both sides.
3.The petitioner made a complaint alleging that the fifth respondent, who is the relative of her husband's family is misusing her power and had created false documents by forgery in the case bundle in respect M.C.No.13 of 2015 on the file of Judicial Magistrate No.I, Nagercoil, filed by the petitioner against her husband under the Protection of Women from Domestic Violence Act, 2005. The grievance of the petitioner is that the said complaint filed by her was not enquired into. Therefore, the present writ petition is filed for the relief stated therein. 4.Mr.Pala Ramasamy, learned standing counsel appearing for the respondents 1 to 4, based on instructions, submitted that already the complaint filed by the petitioner has been taken on file and notice of enquiry is also issued to the parties for their appearance on 10.07.2018 and thereafter, the enquiry is in progress. Therefore, he submitted that it is for the petitioner to participate in the enquiry and co-operative with the same for its speedy disposal.
5.Since it is stated that the complaint filed by the petitioner has been taken on file and the enquiry is also going on, we find that nothing survives in this writ petition to be adjudicated upon, as the limited prayer sought for in this writ petition is only to conduct an enquiry. Therefore, recording the above submissions made by the learned standing counsel appearing for the respondents 1 to 4, this writ petition is disposed of with a direction to the petitioner to co-operative with the enquiry, so as to get its speedy disposal. The Principal District Judge, Kanyakumari District at Nagercoil, is directed to complete the enquiry and pass final orders within a period of two months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS)
To 1.The Register (General), High Court of Madras, Madras.
2.The Registrar (Judicial), High Court of Madras, Madurai Bench, Madurai.
3.The Registrar (Vigilance), High Court of Madras, Madras.
4.The Principal District Judge, Kanyakumari District, Nagercoil.
+1 CC to M/s.M.SURESH, Advocate ( SR-68539[F] dated 13/06/2019 ) +1 CC to M/s.PALA.RAMASAMY, Advocate ( SR-68819[F] dated 14/06/2019 ) W.P.(MD)No.9068 of 2019 13.06.2019 RJ2 KK/SAR/26.06.2019/3P-7C