1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2011 CORAM THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.6802 of 2011 K.Boominathan ..Petitioner Vs. 1.The Government of Tamil Nadu, rep.by its Secretary, (Home Department), Fort.St.George,Chennai-600 009. 2.The Superintendent of Police, Dindigul District, Dindigul. 3.The Inspector of Police, Dindigul North Police Station, Dindigul. 4.Suresh 5.Velmurguan 6.Sathiskumar 7.Dhanabalan 8.Kanthasami ..Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st respondent to give the necessary direction to the second respondent to take necessary legal action as against the respondents No.4 to 8 based on the petitioner's representation dated 06.06.2011 made to the first respondent. For petitioner : Mr.K.Kannan For R.1 to 3 : Mr.R.Anandaraj For R.4 to 8 : No appearance ORDER The Writ Petition has been filed by the petitioner who alleges that his wife was originally kidnapped on 26.05.2011 by the respondents 4 to 8. Thereafter, on 27.05.2011, he made a complaint to the third respondent. Finally, he found out that his wife was in the custody of the fourth respondent. 2. His grievance is that even though he has brought the wife from the custody of the fourth respondent who is in adultery with the fourth respondent, no action has been taken by the police https://hcservices.ecourts.gov.in/hcservices/ 2 for outraging the modesty of his wife. Therefore, a Mandamus is sought for directing the second respondent to take necessary action as against the respondents 4 to 8. 3. It is quite strange that such Writ Petitions are being filed before this Court. First of all, here the husband alleges that his wife was originally kidnapped. Though a complaint is given, he says in the affidavit that his wife was living in the custody of the fourth respondent. He also alleges that the fourth respondent had an illegal intimacy with his wife. He further alleges in the affidavit that he came to know that his wife's modesty was outraged. But, unfortunately, the lady whose modesty was outraged has never chosen to give a complaint nor filed an affidavit before this Court or any compliant in this regard from her at any point of time has emerged. Literally, the petitioner is bringing the case before this Court by way of a Writ Petition to take action against the respondents 4 to 8 against them there is no compliant by the affected lady. Further, the learned counsel for the petitioner now says in the Court, that the wife is not with him. 4. As there is no substance made in the Writ Petition and also the fact that he himself alleges that his wife is living with the fourth respondent, there is no question of entertaining this Writ Petition. Unfortunately, merely, because the petitioner had included the police, the petitioner cannot be allowed to entertain this Writ Petition. In any view of the matter, if at all his wife is aggrieved against the fourth respondent, she can very well approach the respondents concerned and there is no doubt, it will be necessarily looked into by the authorities concerned and action will be initiated accordingly. In the result, this Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Secretary, The Government of Tamil Nadu, (Home Department), Fort St.George, Chennai-600 009. 2.The Superintendent of Police, Dindigul District, Dindigul. 3.The Inspector of Police, Dindigul North Police Station, Dindigul. +1cc to The Special Government Pleader SR.No.20778 ssm akm/14.07.11 /2p-5c/ W.P(MD).No.6802 of 2011 https://hcservices.ecourts.gov.in/hcservices/