Madras High CourtWP(MD)/3465/2018dismissed

G.Christy, W/O.Late M.Ganesan v. The District Collector,

2019-07-18Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.3465 of 2018 G.Christy : Petitioner

Versus

1. The District Collector, Tiruchirappalli District, Tiruchirappalli.

2. The Commissioner of Police, Tiruchirappalli City, Subramaniapuram, Tiruchirappalli - 620 020.

3. The Sub Inspector of Police, Law and Order, Sessions Court Police Station, Cantonment, Tiruchirappalli-,1.

4. G.Jayaraj [R-4 impleaded as per the order of this Court dated 02.03.2018 in W.M.P.(MD)No.3854 of 2018] : 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 respondents to consider the petitioner's complaint petitions dated 27.01.2018 seeking protection from her son namely Jayaraj and his wife namely Jessi Margaret, who are harassing and torturing her with a view to grab her house and monthly family pension and preventing her daughters and other son from meeting her and refusing to provide food, health care etc., and take suitable action against them and thereby, protect her life and property and issue such other suitable orders or directions to the respondents that may deem fit and proper in the circumstances of the case.

For Petitioner : Mrs.T.Banumathy For Respondents 1to3 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor ******

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to consider the petitioner's complaint dated 27.01.2018 seeking for police protection from her son and daughter-in-law.

2. The grievance of the petitioner is that, the petitioner's son, who is the fourth respondent herein and her daughter-in-law are harassing the petitioner. Hence, she has filed a complaint before the respondent police, but, the same was not considered so far. Hence, the present Writ Petition has been filed for the aforesaid relief.

3. Today, the learned Additional Public Prosecutor appearing for the respondents 1 to 3, on instructions, submitted that based on the complaint given by the petitioner, a crime has been registered against the fourth respondent, her daughter-in-law and another person, in Crime No.588 of 2018 for the offences under Sections 294(b) and 506(1) of the Indian Penal Code and after investigation, a final report has been filed, the learned Judicial Magistrate No.III, Trichy, has taken cognizance of the offence and the matter is pending in C.C.No.1251 of 2019.

4. Considering the fact that based on the complaint given by the petitioner, a crime has been registered and the same has been taken cognizance by the learned Judicial Magistrate No.III, Trichy and pending in C.C.No.1251 of 2019, the prayer sought for by the petitioner in the present Writ Petition cannot be granted. Hence, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS ) To

1. The District Collector, Tiruchirappalli District, Tiruchirappalli.

2. The Commissioner of Police, Tiruchirappalli City, Subramaniapuram, Tiruchirappalli - 620 020.

3. The Sub Inspector of Police, Law and Order, Sessions Court Police Station, Cantonment, Tiruchirappalli-,1.

+1 CC to Mr.T.BANUMATHI, Advocate ( SR-76488[F] dated 19/07/2019 ) Order made in W.P.(MD)No.3465 of 2018 Dated:- 18.07.2019 SML AE/(01.08.2019) 3P 5C