Jeromine Rajarathinam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.12061 of 2025 Jeromine Rajarathinam ... Petitioner Vs

1. The District Collector, O/o the District Collector

2. State Rep. by the Superintendent of Police, O/o the Superintendent of Police

3. State Rep. by the Deputy Superintendent of Police, O/o Deputy Superintendent of Police Kovil Patti,

4. State Rep by the Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

5. State Rep by the Inspector of Police Kalugumalai Police Station, Kovilpatti. Thoothukudi District.

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6. The Chair Person, Child Welfare Committee Department of Children Welfare and Special Service, ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to respondents 2 to 5 to consider the petitioner's complaints dated 13.02.2025 ad 20.03.2025, register an FIR, and initiate an investigation in accordance with the law, following the principles laid down in Lalita Kumari v Government of Uttar Pradesh and others (2014) 2 SCC 1) within a time frame stipulated by this court and direct the sixth respondent (Child Welfare Committee) to ensure that the victims (the Petitioner's children) receive immediate counseling, protection, and support as mandated under the POCSO Act. For petitioner :Mr. R.Ganesh Prabu For R1 : Mr.M.Senthil Ayyanar, Government Advocate For R2 to R5 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) *****

O R D E R

This petition is filed by the petitioner to direct the respondents 1 to 5 to consider the representation of the petitioner dated 13.02.2025 and 23.02.2025 and to register the FIR.

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2. The learned counsel for the petitioner would submit that the petitioner lodged a complaint against her husband and his brother for abusing her child before the fourth respondent, but no action was taken. Therefore, she filed this petition.

3. The learned Additional Public Prosecutor (Crl.Side) for the respondents would submit that the petitioner lodged the complaint against her own husband and his brother. Due to family dispute, she alleged that they misbehaved with the child. The said complaints are under enquiry and they will conduct enquiry and dispose of within a period of one week.

4. Considering the prayer sought for in this petition, this Court, without issuing notice to the sixth respondent, is inclined to pass orders.

5. Considering the prayer sought for in this petition and the complaints of the petitioner are also under enquiry by the fourth respondent, this Court directs the fourth respondent to consider the representation of the petitioner and dispose of the same within a period of one week from the date of this order in accordance with law. Page No. 3 of 5

6. With the abovesaid observations and directions, this Writ Petition is disposed of. No costs.

28.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To

1. The District Collector, O/o the District Collector

2. State Rep. by the Superintendent of Police, O/o the Superintendent of Police

3. State Rep. by the Deputy Superintendent of Police, O/o Deputy Superintendent of Police Kovil Patti,

4. State Rep by the Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

5. State Rep by the Inspector of Police Kalugumalai Police Station, Kovilpatti. Thoothukudi District.

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

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P.DHANABAL,J apd W.P.(MD) No.12061 of 2025 28.04.2025 Page No. 5 of 5