Madras High CourtWP(MD)/21558/2021dismissed

Suseela K.S v. The District Superintendent Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.21558 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21558 of 2021 K.S.Suseela ... Petitioner Vs.

1.The District Superintendent of Police, O/o. The Superintendent of Police Sivagangai District.

2.The Inspector of Police, Thiruppuvanam police station, Thiruppuvanam.

3.K.Maheswaran ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to provide adequate police protection to the petitioner's life and consequently direct the second respondent to take appropriate action against the third respondent based on the petitioner's complaint dated 24.11.2021, 25.11.2021 and 29.11.2021 in accordance with law. For Petitioner : Mr.N.Giri For R-1 & R-2 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner's father Kesavapillai had passed away on 24.01.2020. The petitioner's specific allegation is that the third respondent is behaving in a high-handed manner and committed the petition mentioned offences against her. Though the petitioner has given a complaint to the second respondent, till date no action has been taken. Hence this writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.21558 of 2021

3. The petitioner ought to have filed only a partition suit against her brother for establishing her civil rights. If the third respondent committed any cognizable offence, the petitioner ought to have moved the jurisdictional Magistrate Court. Filing a writ petition appears to be misconceived. Leaving open the petitioner's rights and remedies, this writ petition stands dismissed. No costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The District Superintendent of Police, O/o. The Superintendent of Police Sivagangai District.

2.The Inspector of Police, Thiruppuvanam police station, Thiruppuvanam.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.GHOUSE KHATIRI, Advocate ( SR-37494[F] dated 06/12/2021 ) W.P.(MD)No.21558 of 2021 06.12.2021 KMV(CO) GC(20.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2