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Madras High CourtWP(MD)/4499/2019dismissed

C.Selvi, W/O.Late.M.Chinnasamy v. The Principal Secretary To

2022-03-15Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 15.03.2022

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN and WMP(MD)No.3573 & 3574 of 2019 C.Selvi ... Petitioner Vs.

1.The Principal Secretary to Government, Government of Tamil Nadu, Home Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Director General of Police, O/o the Director General of Police, No.1. Dr.Radhakrishnan Road, Mylapore, Chennai-600 004.

3.The Superintendent of Police, O/o the Superintendent of Police, Nagercoil, Kanyakumari District.

4.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

5.Mrs.Shanthakumari, Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

6.Mrs.Jansirani, Writter, All Women Police Station, Nagercoil, Kanyakumari District.

7.Mrs.Kanmani, Constable, All Women Police Station, Nagercoil, Kanyakumari District.

8.Mrs.Anitha ... Respondents 1/3

Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the Respondents No.5 to 7 by considering the petitioner's representation dated 13.02.2019.

For Petitioner : Mr.S.M.A.Jinnah For R1 to R4 : Mr.B.Nambi Selvan Additional Public Prosecutor

O R D E R

This petition is filed seeking direction to direct the respondents 1 to 4 to take appropriate action against the Respondents No.5 to 7 by considering the petitioner's representation dated 13.02.2019.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor has submitted Status Report before this Court, wherein it has been stated that the eighth respondent, who is the defacto complainant was married to the son of the petitioner. Because of some matrimonial dispute between the son of the petitioner and the defacto complainant, complaint has been given making allegation against the petitioner and her family members and that complaint was registered in CSR.No.63 of 2019. During the course of enquiry, the son of the petitioner has agreed to return the jewels, which belongs to the defacto complainant within a month i.e., on 15.03.2019. On the basis of the above said compromise reached between them, the complaint, which was given by the defacto complainant, came to be closed.

After that, a complaint has been given against the police officials by the petitioner through Registered Post to the District Superintendent of Police, Kanyakumari and that was forwarded to the Assistant Superintendent of Police, Nagercoil. During the course of enquiry, the petitioner did not appear before the Enquiry Officer and not co-operate to complete the enquiry inspite of repeated notices or summons. It appears that because of the matrimonial dispute between the defacto complainant and her husband, a complaint has been given and that was compromised and the petitioner did not comply with the terms of compromise. During the course of above said enquiry, some sort of trouble arose. Over which, the present complaint has been given. Till today, the petitioner did not appear before the Enquiry Officer inspite of repeated summons.

3.In view of the above, absolutely I find no merit in this petition. Hence, this Writ Petition deserves dismissal and accordingly, the same is dismissed with a liberty to the petitioner to work out her remedy before the concerned Court through 2/3

appropriate proceedings. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Principal Secretary to Government, Government of Tamil Nadu, Home Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Director General of Police, O/o the Director General of Police, No.1. Dr.Radhakrishnan Road, Mylapore, Chennai-600 004.

3.The Superintendent of Police, O/o the Superintendent of Police, Nagercoil, Kanyakumari District.

4.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

and WMP(MD)No.3573 & 3574 of 2019 15.03.2022 SS/25.03.2022 : 3P/5C 3/3