Maharani.S v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH S.Maharani .. Petitioner

Versus

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The District Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Additional District Superintendent of Police, O/o. the District Superintendent of Police, Thoothukudi District, Thoothukudi.

4.R.Anuvindh Kumar, S/o Rajapandian, Police Constable, Koppampatti Police Station, Thoothukudi District.

5.Tmt.Padmavathi, The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to conduct an enquiry on the petitioner's complaint, dated 1/5

12.02.2021, within a stipulated time period as per the Tamil Nadu Police (Reforms) Act, 2013.

For Petitioner :

Mr.M.Jerin Mathew For R1 :

Mr.B.Saravanan Additional Government Pleader For R2 and R3 :

Mr.R.Sivakumar Government Advocate (Criminal side) For R4 :

Mr.M.Prabu

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 to 3 to conduct an enquiry on the complaint given by the petitioner on 12.02.2021, within the time limit prescribed by this Court.

2. The grievance of the petitioner is that she is married to the fourth respondent and that the fourth respondent did not maintain her and she was left in lurch. Hence, a complaint was given against the fourth respondent under Rule 4 of the Tamil Nadu Subordinate Police Officers Conduct Rules, 1964. The fifth respondent had called the petitioner for 2/5

enquiry. The petitioner also explained the situation and it is alleged that the fifth respondent had closed the complaint and apart from that, the petitioner was also harassed and threatened by the respondents 4 and 5. It is under these circumstances, the petitioner gave a complaint, dated 12.02.2021, before the respondents 1 to 3 to enquire and to take action against the respondents 4 and 5. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner wants to live with the fourth respondent or at least the fourth respondent must be directed to pay maintenance to the petitioner. The learned counsel appearing on behalf of the petitioner also brought to the notice of this Court the order dated 17.02.2023, passed by the learned Judicial Magistrate No.I, Kovilpatti, in D.V.C.No.9 of 2020, where the maintenance amount has been fixed.

4. Heard the learned counsel appearing for the parties. 3/5

5. Taking into consideration the facts and circumstances of the case, there shall be a direction to the second respondent to deal with the complaint given by the petitioner on 12.02.2021 on its own merits and in accordance with law after conducting an enquiry and necessary orders shall be passed in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above direction. No costs.

NCC : Yes/No 17.10.2023 Index : Yes/No smn2 To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The District Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Additional District Superintendent of Police, O/o. the District Superintendent of Police, Thoothukudi District, Thoothukudi.

4/5

N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.9345 of 2021 17.10.2023 5/5