J. Godwin Gels, v. The Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.2205 of 2015 and M.P(MD) No.1 of 2015 J.Godwin Gels ..... Petitioner - Vs1. The Superintendent of Police, Office of the Superintendent of Police, Tuticorin District.

2. The Inspector of Police, All Women Police Station, Tiruchendur, Tuticorin District.

3. The Sub Inspector of Police, All Women Police Station, Tiruchendur, Tuticorin District.

4. Kamali Hepzhi Bai

5. Solomon ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the 1/5

respondents 2 and 3 from conducting Katta Panchayat under the guise of enquiry with regard to the family dispute of the petitioner and the fourth respondent, which is the subject matter in IDOP No.332 of 2014 on the file of the District Court, Tuticorin and consequently directing the first respondent to consider the representation of the petitioner dated 14.02.2015. For Petitioner : Mr.S.Siva Thilakar For Respondents : Mr.R.M.S.Sethuraman Additional Public Prosecutor for R1 to R3 : No appearance for - R4

ORDER

This writ petition has been filed seeking for a Writ of Mandamus, forbearing the respondents 2 and 3 from conducting Katta Panchayat under the guise of enquiry with regard to the family dispute of the petitioner and the fourth respondent, which is the subject matter in IDOP No.332 of 2014 on the file of the District Court, Tuticorin and consequently to direct the first respondent to consider the representation of the petitioner dated 14.02.2015.

2. The prayer in the writ petition is to direct the respondents 2 and 3 2/5

not to interfere with the family dispute between the petitioner and the fourth respondent. The petitioner is the husband who was married to the fourth respondent. The fifth respondent is the father of the fourth respondent. The petitioner had initiated I.D.O.P.No.332 of 2014, on the file of the District Court, Tuticorin, seeking for dissolution of marriage between the petitioner and the fourth respondent.

3. The case of the petitioner is that on coming to know about the application filed by the petitioner, the respondents 4 and 5 are instigating the respondents 2 and 3 to intimidate the petitioner to withdraw I.D.O.P. No.332 of 2014.

4. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that the complaint has been received from the fourth respondent in C.S.R.No.42 of 2015. Based upon the said complaint, the petitioner and the respondents 4 and 5 were called for enquiry and during enquiry the fourth respondent has specifically given an undertaking by way of a written statement that she will resolve the dispute between the petitioner and her before the appropriate Court. Recording such 3/5

statement, the complaint of the fourth respondent has also been closed.

5. In view of the same, no further adjudication is required to be made in this writ petition. Hence, this writ petition is closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 13.02.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To

1. The Superintendent of Police, Office of the Superintendent of Police, Tuticorin District.

2. The Inspector of Police, All Women Police Station, Tiruchendur, Tuticorin District.

3. The Sub Inspector of Police, All Women Police Station, Tiruchendur, Tuticorin District.

4. The District Court, Tuticorin District.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 2205 of 2015 13.02.2023 5/5