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Madras High CourtWP(MD)/16159/2016closed

V.Mercy Kothainayagi v. The Member Of State Council

2017-04-20Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH WP.(MD)No.16159 of 2016 V.Mercy KothaiNayagi : Petitioner -Vs1.The Member of State Council for Senior Citizen/ The Secretary to Government, Health and Family Welfare Department, Chennai - 600 009.

2.The Chairman of District Committee for senior Citizen/ The District Collector, Thanjavur District - 613 010.

3.The Superintendent of Police, The Office of the Superintend of Police, Near by Collector Office, Tricy Road, Thanjavur District - 613 010.

4.The Inspector of Police, Thanjavur South Police Station, Thanjavur District - 613 001.

5.A.Mareeswari : Respondents (R.5 is suo motu impleaded vide Court order dated 07.04.2017) PRAYER: Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 2 to 3 to provide the petitioner an adequate Police Production and safety enabling the petitioner to live peacefully in her house Door No.7, Ground floor, Shri Andal Illam, Kathoonbeevi Road, Nanjikottai Road, Thanjavur District - 613 006 by considering the representation of the petitioner dated 20.08.2016. For Petitioner : Mr.R.Sureshkumar For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader ***

O R D E R

It is the case of the petitioner that his son Arunvedharajan, who is deaf and dumb, was married to Mareeswari and they have one child viz., Chandrasekar through the wedlock. The house property in Old Door NO.7, New Door NO.24, Shri Andal Illam, Kathoonbeevi

Road, Nanjikottai Road, Thanjavur District belongs to the petitioner wherein the petitioner and her mute son Arunvedharajan are living in the ground floor and Mareeswari is living with her son in the first floor portion. The case of the petitioner is that her daughter-in-law Mareeswari is harassing her and is not allowing her to live peacefully. Therefore, the petitioner has filed the present writ petition with the above prayer.

2. Initially the writ petition was filed without impleading Mareeswari as respondent. On the suo motu order of this Court dated 07.04.2017, Mareeswari was impleaded as fifth respondent. On the direction issued by this Court, Mr.M.Murugesan, Sub-Inspector of Police, Thanjavur South Police Station, produced Mareeswawri before this Court today.

3. Mareeswari submitted that she is not causing any harassment to her mother-in-law and that she does not have any source of living. She also fairly stated that her mother-in-law is giving only Rs.5,000/- p.m., with which she has to maintain herself and her son.

4. In the considered opinion of this Court, this is not a case in which the police intervention is required. This is a case where an amicable settlement can be arrived at between the parties through the process of mediation. Therefore, this Court directs the petitioner V.Mercy Kothai Nayagi and A.Mareeswari to appear before the Secretary, District Legal Services Authority, Thanajavur on 28.04.2017. Mr.M.Murugesan, Sub-Inspector of Police, Thanjavur South Police Station is directed to take A.Mareeswari to the District Legal Services Authority at 10.30 a.m. on 28.04.2017. The petitioner is also directed to appear before the Secretary, District Legal Services Authority, Thanjavur on the said date and time. The Secretary, District Legal Services Authority, Thanjavur after looking into the grievance, either try to bring settlement between the parties or refer them to the local Mediation Centre to bring about the amicable settlement.

5. With the above directions, this Writ Petition is closed. SD ASST REGISTRAR ( CS I ) TRUE COPY SUB ASST REGISTRAR ssl/das

To 1.The Member of State Council for Senior Citizen/ The Secretary to Government, Health and Family Welfare Department, Chennai - 600 009.

2.The Chairman of District Committee for senior Citizen/ The District Collector, Thanjavur District - 613 010.

3.The Superintendent of Police, The Office of the Superintend of Police, Near by Collector Office, Tricy Road, Thanjavur District - 613 010.

4.The Secretary, District Legal Service Authority, Thanjavur.

5.The Inspector of Police, Thanjavur South Police Station, Thanjavur District - 613 001.

1CC TO MR. R. SURESH KUMAR, ADVOCATE SR: 53343 1CC TO THE SPL GOVT PLEADER SR: 53083 AM SKN RSK SAR 3/24/04/2017 3P 8C W.P.(MD) No.16159 of 2016 Dated: 20.04.2017