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Madras High CourtWP(MD)/17439/2016closed

K.Kalaiselvi, W/O.V.Jothibas, v. The Superintendent Of Police,

2021-04-19Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI K.Kalaiselvi ... Petitioner Vs.

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

2.The Inspector of Police, Kallal Police Station, Sivagangai District.

3.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

4.S.Karuppaiya 5.Nagarajan 6.Meyyappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue 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 : No Appearance For Respondent : Mr.R.Anandharaj, Nos.1 to 3 Additional Public Prosecutor For Respondent : Mr.S.Ramakrishnan Nos.5 & 6

ORDER

This writ petition has been filed 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.

2. There is no representation for the petitioner. 1/3

3.The case of the petitioner is that she married one Jothibas of Seethurani Village, Ilyangudi Taluk, Sivagangai District on 13.09.2016 against the wish of her parents and therefore, her parents were inimical towards her, her husband and her in-laws and therefore, she lodged a complaint on 14.09.2016 before the respondent Police and filed this writ petition on the same day. 4.A Counter affidavit has been filed by the second respondent that one Sivakami, W/o.Karuppiah of Puliyangudipatti, Sivagangai District lodged a complaint before the Inspector of Police, Kallal Police Station, Sivagangai District on 10.09.2016 that her daughter Kalaiselvi, the petitioner herein, who was studying second year B.S.C., at Nachiyappa College was missing from 09.09.2016. Based on the compliant a case in Crime No.

153 of 2016 was registered as 'woman missing' and investigation was conducted. During the course of investigation, the petitioner, as well as respondents 4 to 6 and other parties have appeared for enquiry on 20.09.2016 and respondents 4 to 6 gave an undertaking before the Inspector of Police, Kallal Police Station that since the petitioner has left home on her own volition, there would not be any relationship with her and they will not disturb the petitioner or any of her family members.

5.Mr.S.Ramakrishnan, learned Counsel appearing for respondents 5 and 6 submits that these respondents have not disturbed the petitioner and her family members, they do not even have the intention to disturb them. Moreover, the petitioner has not referred any such incident in the past, necessitated this writ petition. 6.This writ petition has been filed on the apprehension that the respondents 4 to 6 and their family members may create problem due to her love marriage with one Jothibas. The marriage was solemnised in the year 2016 and respondents 4 to 6, parents and relatives of the petitioner have also appeared in the year 2016 before the respondent Police and given an undertaking that they will not disturb the petitioner or her family members. 7.

In view of the undertaking given by the respondents 5 and 6 that they would not disturb the petitioner and her family members and also taking into consideration the passage of time, no further order is required to be passed at this distant point of time. Therefore, this writ petition stands closed, as no further order is required to be passed. No costs.

Sd/- Assistant Registrar(Records) //True copy// / /2021 Sub Assistant Registrar 2/3

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 Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kallal Police Station, Sivagangai District.

3.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

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

Order made in 19.04.2021 DSK SRS/24.05.2021/3P/5C 3/3