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Madras High CourtWP(MD)/21852/2016disposed of

M.Parjana Fathima v. The Superintendent Of Police

2017-04-19Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.21852 of 2016 M.Parjana Fathima ... Petitioner -vs1.

The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.

The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

3.

The Inspector of Police, B-2, Bazaar Police Station, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to provide adequate police protection to the petitioner, her husband and family members of her husband. For Petitioner :

Mr.S.Malaikani For Respondents :

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

O R D E R

This petition has been filed, seeking to direct the respondents to provide adequate Police Protection to the petitioner, her husband and family members of her husband.

2. It is seen that the petitioner belongs to Muslim community and she was in love with one Mutharasu, who is a Dalit and got married to him. Fearing reprisal from those, who are opposed to the inter religious marriage, especially her family members, she is before this Court with the above prayer.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the State. Mr.S.Paulraj, Special Sub-Inspector of Police, B-2, Bazaar Police Station, Ramanathapuram District and Mr.R.Muneeswaran, Special Sub-Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District are present. On instructions, learned Additional Government Pleader submitted that on the complaint given by the petitioner, petition enquiry in C.S.R.No.129 of 2016

has been conducted, in which, the petitioner's mother was enquired into and she has given an undertaking that she will not cause any disturbance to the petitioner.

4. The Hon'ble Supreme Court in the case of Lata Singh vs State of U.P. & Another, reported in (2006) 5 SCC 475, has stated that the State should encourage the inter religious and inter caste marriages in order to break caste discriminations.

5. Hence, if the threat still subsists, the petitioner and Mutharasu shall appear before the Superintendent of Police, Ramanathapuram District and give a fresh written complaint and on such complaint being given, the same shall be enquired into and the petitioner and her husband be given sufficient protection so that no harm befalls them.

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

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

1.

The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.

The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

3.

The Inspector of Police, B-2, Bazaar Police Station, Ramanathapuram District.

+1cc to Mr.S.Malaikani,Advocate,SR.52726/17 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO.53129 W.P.(MD) No.21852 of 2016 19.04.2017 AR KK/SKN RSK/SAR3-20.04.2017-2P-4C