Infenciya v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.12.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Infenciya ... Petitioner Vs.
1.The Superintendent of Police, Tuticorin District, Tuticorin.
2.The Inspector of Police, All Women Police Station, Tuticorin, Tuticorin District.
3.Giripth Fernando 4.Robinstall 5.B.Jenci ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to take appropriate action on the petitioner's complaint dated 11.04.2025 against the 3rd to 5th respondents herein.
For Petitioner : Mr.S.Gokulraj, Advocate 1/6
For R1 & R2 : Mr.A.S.Abul Kalaam Azad, Government Advocate (Criminal Side)
ORDER
This Writ Petition has been filed to direct the 1st and 2nd respondents to take appropriate action on the petitioner's complaint dated 11.04.2025 against the 3rd to 5th respondents herein.
2. This writ petition is disposed of at the admission stage, after dispensing with the notice on the private respondents.
3. It is the case of the petitioner that the 3rd respondent, who is working in Mumbai, and the petitioner are husband and wife and have a female child. At the demand of respondents Nos.3 to 5, the petitioner's parents gifted 105 sovereigns of gold and household articles worth Rs.7,00,000/- to them. Further, they demanded the house in the name of the petitioner's father, worth Rs.11,00,000/-, which was subsequently executed in favour of the 3rd respondent.
4. Thereafter, in 2022, respondents Nos.3 to 5 threatened the petitioner and her father to vacate the house, with dire consequences. On 18.07.2024, the petitioner, along with her daughter, went to Mumbai to visit her husband. At 2/6
that time, she discovered that he had married another woman. When she questioned him about this, she was threatened with dire consequences to cooperate for granting a mutual divorce. The petitioner then narrated the incident to her in-laws, who, nevertheless, demanded a sum of Rs.5,00,000/-, threatening her further.
5. In this regard, a complaint dated 11.04.2025 was lodged before the 1st and 2nd respondents, and the same was forwarded to the Social Welfare Officer on 19.06.2025. The 3rd respondent did not appear for the enquiry, and respondents Nos.4 and 5 also failed to appear for enquiry before the 2nd respondent Police. However, till date, the petitioner has not received any information regarding the registration of a case against respondents Nos.3 to 5. Hence, the present petition.
6. Mr.A.S.Abul Kalaam Azad, learned Government Advocate (Criminal Side), on instructions, submitted that they are awaiting report from the Social Welfare Officer.
7. Heard the learned counsel on either side, and have perused the materials available on record.
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8. It is needless to point out that whenever a complaint of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the complaint made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
9. Without going into the merits of this case, this Court hereby direct the 1st and 2nd respondents to consider the petitioner's complaint dated 11.04.2025 and deal with in accordance with law and conclude the enquiry within a period of two (2) weeks from the date of receipt of a copy of this order.
10. With the above directions, this Writ Petition is disposed of. 02.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes mkn 4/6
To 1.The Superintendent of Police, Tuticorin District, Tuticorin.
2.The Inspector of Police, All Women Police Station, Tuticorin, Tuticorin District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J.
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