K. Balasubramanian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.17933 of 2019 K.Balasubramanian ... Petitioner Vs.

1.The Superintendent of Police, Thirunelveli District, Thirunelveli.

2.The Inspector of Police, Kadambur Police Station, Thoothukudi District.

3.K.Karuppasamy ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first and second respondents to take action against the third respondent for abusing his official power to illegally grab the wife, property and jewels of the petitioner by considering the representation of the petitioner dated 26.07.2019. For Petitioner : Mr.S.C.Herold Singh For R-1& R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)

O R D E R

This Writ Petition has been filed seeking direction to the first and second respondents to consider the petitioner's representation dated 26.07.2019.

2.According to the petitioner, already there is a dispute between the petitioner and his wife viz., Ramalakshmi. Now the third respondent, who is working as the Sub Inspector of Police, Manimutharu Police Station, Tirunelveli District has threatened the petitioner's wife to get divorce from the petitioner and he also received money and jewels from the petitioner's wife. Hence, he made a representation to the Inspector of Police, Kadambur Police Station, Thoothukudi District, to get back the money and jewels. https://hcservices.ecourts.gov.in/hcservices/

That was not considered by the respondent Police. Hence, the present Writ Petition has been filed.

3.Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents 1 and 2, on instructions, submitted that the petitioner's wife and the third respondent are close relatives. Now, the petitioner has involved in the criminal case for the offence under Section 302 of the Indian Penal Code and his wife is also living in Kerala. Based on a complaint given by the petitioner, the Deputy Superintendent of Police, Maniyachi Sub Division, Tuticorin District, has conducted a detailed enquiry on 14.02.2019 and recording the statement of the witnesses and closed the complaint and produced a copy of this order. 4.Considering the fact that already the petitioner's representation has been considered and closed, at this stage, the prayer sought for by the petitioner cannot be granted. 5.The Writ Petition stands dismissed accordingly. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Tsg To 1.The Superintendent of Police, Thirunelveli District, Thirunelveli.

2.The Inspector of Police, Kadambur Police Station, Thoothukudi District.

+1 CC to M/s.S.C. HEROLD SINGH, Advocate ( SR-82548[F] dated 20/08/2019 ) W.P.(MD)No.17933 of 2019 Dated: 19.08.2019 KK/SAR/30.08.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/