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Madras High CourtWP(MD)/11002/2022allowed

Kandasamy v. The Superintendent Of Police

2022-06-08Honourable Mr Justice V.Sivagnanam2 pages

W.P(MD)No.11002 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P(MD).No.11002 of 2022 Kandasamy ... Petitioner Vs

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

2. The Inspector of Police, Ettayapuram Police Station, Ettayapuram, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent herein to initiate appropriate Criminal action under the relevant provisions of law on the basis of the complaint, dated 24.05.2022, lodged before the first respondent herein, which had been forwarded to the second respondent, within the stipulated time as fixed by this Court.

For Petitioner : M/s.Ilayaraja.R, For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed in the nature of Mandamus, seeking a direction to the second respondent herein to initiate appropriate Criminal action under the relevant provisions of law on the basis of the complaint, dated 24.05.2022, lodged before the first respondent herein, which had been forwarded to the second respondent.

2.The learned Counsel appearing for the petitioner submitted that the petitioner and his wife, namely Muniyammal got married in the year 2005. Due to the matrimonial dispute, they are living separately, for the past five years. Now, the petitioner came to know that his wife got married with one Kovil Pitchai. Further, he stated that the Village Administrative Officer has provided https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.11002 of 2022 Certificate to Muniyammal to enable her to solemnize her marriage with the said Kovil Pitchai. Hence, the petitioner lodged a complaint, dated 24.05.2022 before the first respondent and the same was forwarded to the second respondent. But, till now no action has been taken in this regard. Hence, the petitioner has filed this writ petition.

3.The learned Government Advocate (Crl.Side) appearing for the respondents assured that the respondents will consider the complaint lodged by the petitioner.

4.Recording the same, the second respondent is directed to consider the complaint, dated 24.05.2022, within a period of two weeks, from the date of receipt of a copy of the order. 5.With the above direction, this Writ Petition stands allowed. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To

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

2. The Inspector of Police, Ettayapuram Police Station, Ettayapuram, Thoothukudi District.

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

+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-24668[F] dated 08/06/2022 ) W.P(MD).No.11002 of 2022 08.06.2022 gm(CO) TR(15.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2