Narayanan.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P(MD).No.16269 of 2022 M.Narayanan : Petitioner Vs

1. The District Collector, Tenkasi District.

2. The Superintendent/Chief Medical Officer, District Head Quarters Hospital, Tenkasi and District

3. The Inspector of Police, All Women Police Station, Alangulam, Tenkasi District.

: Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to terminate the pregnancy of the petitioner's Minor Daughter Gowri forthwith based on the representation dated 13.07.2022. 1/4

For Petitioner : M/s.Kumar.S, 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 respondents to terminate the pregnancy of the petitioner's Minor Daughter, forthwith, based on the representation dated 13.07.2022. 2.The learned Counsel appearing for the petitioner submitted that one Chinnadurai had physical relationship with the petitioner's minor daughter, that too, against her wish. Therefore, the victim girl lodged a complaint, for which, an FIR has been registered in Crime No.19 of 2022, for the offences under Sections 6, 5(1) and 5(j)(ii) of Protection of Child from Sexual Offences Act, 2012. But, till now the accused person has not been arrested and at present, the victim girl is two months pregnant, who has just completed her twelfth standard. Hence he pleaded to terminate the pregnancy. 2/4

3.The learned Government Advocate (Crl.Side) submitted that before terminating the pregnancy, the physical condition of the victim girl should be examined with the assistance of a Gynecologist. Further submitted that the second respondent may be directed to consider the petitioner's representation, dated 13.07.2022.

4.Recording the same, the second respondent is directed to consider the petitioner's representation, dated 13.07.2022 and proceed further based on the physical and medical conditions of the victim girl, within a period of two weeks, from the date of receipt of a copy of this order. 5.With the above direction, this writ petition stands disposed of. No costs.

26.07.2022 Index : Yes / No Internet : Yes/ No lr Note:Issue Order copy on 26.07.2022 3/4

V.SIVAGNANAM, J.

lr To

1. The District Collector, Tenkasi District.

2. The Superintendent/Chief Medical Officer, District Head Quarters Hospital, Tenkasi and District

3. The Inspector of Police, All Women Police Station, Alangulam, Tenkasi District.

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

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