Madras High CourtWP(MD)/13192/2021disposed of

Afithiya Fathima v. The State Of Tamil Nadu Represented By

2021-07-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.07.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.13192 of 2021 and W.M.P(MD).No.10204 of 2021 Afithiya Fathima ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by, The Principal Secretary, Home Department, State of Tamil Nadu, Secretariat, Fort.St.George, Chennai.

2.The Director General of Police, Office of the Director General of Police, Dr.Rathakrishnan Road, Chennai.

3.The Commissioner of Police, Madurai City, Madurai.

4.The Superintendent of Police, Tirunelveli District, Tirunelveli.

5.The Inspector of Police, Tallakulam Police Station, Madurai City.

6.The Inspector of Police, Manoor Police Station, Tiruvelveli District.

7.Shiek Abdul Kadher ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent Nos.3 to 6 to provide protection to the petitioner, her husband and family members of the petitioner's 1/3

husband by following the directions passed by this Court in W.P.NO.26991 of 2014 dated 13.04.2016 and on the basis of the representation of the petitioner dated 12.07.2021 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 to R6

ORDER

This petition has been filed for issuing a Writ of Mandamus, to direct the respondent Nos.3 to 6 to provide protection to the petitioner, her husband and family members of the petitioner's husband by following the directions passed by this Court in W.P.NO.26991 of 2014 dated 13.04.2016, on the basis of the representation of the petitioner dated 12.07.2021 in accordance with law within the time stipulated by this Court. 2.The learned counsel for the petitioner submitted that the petitioner, who is the daughter of the seventh respondent herein fell in love with one Nihar Ali and their marriage was performed on 24.01.2021. After their marriage, they were living at Madurai. The seventh respondent, the father of the petitioner does not accept the love marriage and he had been making continuous trouble and disturbance to them.

The parents of Nihar Ali has arranged a reception on 01.08.2021 at Madurai. In the mean time, the petitioner's father made trouble to the petitioner's family members, hence she made a representation dated 12.07.2021 to the concerned respondent police seeking police protection, but till now, no action has been taken. Therefore, the present writ petition is filed. 3.The learned Additional Public Prosecutor submitted that based upon the compliant given by the seventh respondent herein, enquiry has been undertaken in C.S.R.No.715 of 2021. But the petitioner is not co-operating with the enquiry officer.

4. Considering the facts and circumstances of the case, the third respondent is directed to consider the representation of the petitioner dated 12.07.2021, on merits and in accordance with law, and pass orders and the petitioner is directed to co-operate with the enquiry and also appear before the fifth respondent herein, if necessary. Since the reception is to be performed on 01.08.2021, the firth respondent is directed to pass order on merits before that. With the above directions, this writ petition is disposed of. 2/3

No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note:(i) 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, Home Department, State of Tamil Nadu, Secretariat, Fort.St.George, Chennai.