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Madras High CourtWP(MD)/20216/2016dismissed as infructuous

K.Paritha Kani v. The Assistant Commissioner Of

2018-07-16Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.20216 of 2016 and W.M.P.(MD)Nos.14513 and 14514 of 2016 K.Paritha Kani ... Petitioner Vs.

1.The Assistant Commissioner of Police, Anna Nagar (L & O) Range, Madurai City.

2.The Manager, The Lakshmi Vilas Bank Limited, Anna Nagar Branch, Madurai.

3.I.Kani Abusathick Pitchaikani

...Respondents

(R3 is impleaded vide Court order dated 23.04.2018 in W.M.P.(MD) No.16127/2016) Writ petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, to call for the records on the file of the first respondent vide his proceedings in C.No.43/camp/Ac/ANR/L&O/MC/16, dated 02.10.2016 and quash the same as illegal.

For Petitioner : Mr.M.Siddharthan For Respondent : Mr.K.Suyambulingabharathi, No.1 Government Advocate (Crl.Side) For R3 : Mr.R.Anand

ORDER

According to the petitioner, the petitioner and the third respondent are living seperately. The complaint has been preferred by the third respondent before the first respondent to freeze the locker, which stands in the name of the writ petitioner, alleging that the documents has been illegally possessed by the petitioner. In the aforesaid complaint, the first respondent has passed an order dated 02.10.2016 to freeze the said locker temporarily. Challenging the same, the present Writ petition has been filed. 2.Today, when the matter is taken up for hearing, a report has been filed by the first respondent, in which it has been stated that the first respondent has already enquired and closed the https://hcservices.ecourts.gov.in/hcservices/

complaint of the husband of the petitioner, as civil nature of dispute and to find their remedy before the Civil Court in his report dated 10.12.2016 available in the office file. Further, the third respondent has posted a letter to the first respondent, stating that he agreed to abide the order passed in this Writ Petition and requested the first respondent to drop further action on his complaint and the same was received by the Assistant Commissioner of Police, Madurai City, namely, the first respondent on 09.12.2016. Therefore, today, the Assistant Commissioner clarified before this Court that the said complaint relates only to operate the locker. Since the complaint is closed, the present Writ Petition has become infructuous.

3.The learned counsel appearing for the third respondent has submitted before this Court that he can seek his remedy before the concerned Civil Court or family Court.

4.In the light of the said facts and statements of the parties, this Writ Petition is dismissed as infructuous. The first respondent is directed to communicate the said order to the second respondent to take further action, if it is not already received. However, it is for the petitioner to workout her remedy before the concerned Court. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Assistant Commissioner of Police, Anna Nagar (L & O) Range, Madurai City.

+1 CC to Mr.SIDDHARTHAN, Advocate in SR.No.73180 +2 CC to Mr.R.ANAND, Advocate in SR.No.73341 & 73732 +1 CC to the Special Government Pleader, SR.No.73271 MYR RJ/SV/SAR-4/23/07/2018 - 2P/6C W.P.(MD)No.20216 of 2016 16.07.2018 https://hcservices.ecourts.gov.in/hcservices/