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Madras High CourtWP(MD)/6261/2017disposed of

T.Ushadevi, v. The Superintendent Of Police

2017-04-11Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.6261 of 2017 T.Ushadevi ... Petitioner -vs1.

The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.

The Deputy Superintendent of Police, Kanyakumari District, Kanyakumari.

3.

The Inspector of Police, Suchindrum Police Station, Kanyakumari District.

4.

Christopher Jobi 5.

Rajammal ... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondent nos. 1 to 3 to give adequate Police Protection to the petitioner and her life and limb to reside at her house peacefully without any hindrance of others and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

For Petitioner :

Mr.T.Lajapathi Roy For R1 to R3 :

Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader *****

O R D E R

This petition has been filed, seeking to direct the respondent nos. 1 to 3 to give adequate Police Protection to the petitioner and her life and limb to reside at her house peacefully without any hindrance of others.

2. It is the case of the petitioner that she got married to the 4th respondent on 29.11.2009 and has two children through the wedlock. It is her grievance that her marriage ran into rough weather, resulting in the petitioner initiating proceedings under the Domestic Violence Act in D.V.O.P.3 of 2017 before the learned Judicial Magistrate No.II, Nagercoil and the same is pending. https://hcservices.ecourts.gov.in/hcservices/

While so, it is alleged that R4 is planning to kidnap her two children from her custody. In this regard, the petitioner has already sent a complaint dated 09.02.2017, in which petition enquiry has been conducted by the Sub-Inspector of Police, Suchindrum Police Station and the same has been closed after advising both the parties to work out their remedy before the appropriate forum.

3. However, if there is any further threat to the petitioner from R4, liberty is given to the petitioner to give a fresh complaint to the concerned Police and the Police shall ensure that no harm befalls either the petitioner or her children.

4. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To:

1.

The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.

The Deputy Superintendent of Police, Kanyakumari District, Kanyakumari.

3.

The Inspector of Police, Suchindrum Police Station, Kanyakumari District.

+One cc to Mr.T.Lajapathi Roy, Advocate, SR.No.51597 +One cc to The Special Government Pleader, SR.No.51758 ar RL/6C/2P/MR/3.5.2017 W.P.(MD) No.6261 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 11.04.2017