P. Durga vs The Superintendent of Police

T.S. Sivagnanam, J.—The petitioner seeks for issuance of writ of mandamus alleging that she married one A.Jeyaraj, S/o. Antonisamy and the marriage is an inter- caste marriage.

Mr. N.S. Karthikeyan,, learned Additional Government Pleader takes notice for the respondents 1 to 4. By consent, the writ petition itself is taken up for final disposal.

In the affidavit filed in support of the writ petition, it is stated that the petitioner is stated to be aged about 21 years and she is under the care and custody of one A.Sathyaraj at Duvaranthai, E.Velayuthapuram Post, Vilathikulam Taluk, Tuticorin District. It is stated that A.Jeyaraj, brother of A.Sathyaraj, is the husband of the petitioner. The petitioner reasonably apprehends danger to her life and the life of her husband A.Jeyaraj on the ground that it is an inter-caste marriage and there is an attempt to kill them as ''honour killing''. The petitioner is said to have completed her Diploma in Hotel Management and Catering Technology in a private college at Paramakudi and the fifth respondent is her father. With the above facts, the petitioner seeks for a direction upon the respondents 1 and 2 namely, the Superintendent of Police, Ramanathapuram District and the Superintendent of Police, Tuticorin District to grant police protection.

The learned Additional Government Pleader on instructions from the second respondent, submitted that when the police went to enquiry about the persons in the given address, it is found that neither the petitioner nor her husband Jeyaraj are residing in the said address. It is further submitted that a complaint has been given before the fourth respondent police by the mother of the petitioner against Jeyaraj, which has been registered as Crime No. 103 of 2014 for the alleged offences punishable under Sections 366 and 379 (N.H.) I.P.C. and the said First Information Report is pending investigation. In the background of these facts, no positive direction can be granted to the petitioner. However, if the petitioner and her husband apprehend genuine threat to their life, they are directed to appear before the second respondent and seek for adequate protection. However, this order will not give any protection to A.Jeyaraj against whom, a case has been registered by the fourth respondent police. If the petitioner and her husband appear before the second respondent, the second respondent shall enquire into the matter and proceed in accordance with law.

With the above directions, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.