Muthulakshmi, v. The Southern Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.13574 of 2017 Muthulakshmi ... Petitioner -Vs1. The Southern Inspector General of Police, Madurai Region, Madurai.

2. The Deputy Inspector General of Police, Tirunelveli, Tirunelveli District.

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

4. Muthumala, Head Constable, All Women Police Station, Palayamkottai, Tirunelveli District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct the detailed enquiry in respect of the fourth respondent's irregularities by considering the petitioner's representation, dated 28.03.2017. For Petitioner : Mr.J.Senthil Kumaraiah, for M/s. Dhana Law Associates.

For R-1 to R-3 : Mr.A.K.Baskarapandiyan, Special Government Pleader.

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O R D E R

This Writ petition is filed for issuing a Writ of Mandamus, directing the respondents 1 to 3 to conduct the detailed enquiry in respect of the fourth respondent's irregularities by considering the petitioner's representation, dated 28.03.2017.

2. Mr.A.K.Baskarapandiyan, learned Special Government Pleader takes notice for the respondents 1 to 3. Having regard to the nature of the case, this Court is inclined to issue notice to the fourth respondent at the admission stage.

3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3. By consent, the Writ petition itself is taken up for final disposal.

4. The petitioner submitted a representation to the first respondent, dated 28.03.2017, making serious allegations against the fourth respondent who is the Head Constable of All Women Police Station, Palayamkottai, Tirunelveli District.

5. It appears that the petitioner gave a complaint against her husband and in turn, her husband also gave a complaint against the petitioner. Though it is a matrimonial dispute, the allegation is that the fourth respondent is threatening the petitioner to give consent for divorce to her husband. Though the petitioner's representation was submitted to the first respondent, the grievance of the petitioner is that no action has been taken so far.

6. Considering the fact that the petitioner has given the representation on 28.03.2017, without expressing any opinion of merits of the petitioner's case, this Court is inclined to pass the following direction:- The first respondent is directed to forward the complaint received from the petitioner, to the third respondent. On receipt of such complaint, the third respondent shall pass appropriate orders on merits and in accordance with law, after giving an opportunity of personal hearing to the petitioner as well as the fourth respondent, within a period of three months from the date of receipt of a copy of this order.

7. With the above direction, the Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To

1. The Southern Inspector General of Police, Madurai Region, Madurai.

2. The Deputy Inspector General of Police, Tirunelveli, Tirunelveli District.

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

+1 cc to Mr.J.Senthil Kumaraiah , Advocate in SR.No. 67202 +1 cc to The Special Government Pleader in SR.No.67969 pmu AE/JC/SAR2/01.08.2017/3P/6C W.P.(MD) No. 13574 of 2017 24.07.2017