G MURUGAN Vs. SECRETARY TO GOVERNMENT, HOME SECRETARY

JUDGEMENT

(1.) The prayer in the writ petition is for issuance of a Writ of Mandamus to direct the first respondent to instruct the fifth respondent to re-investigate the case in Cr. No. 195 of 2007 in S.C. No. 140 of 2008 pending on the file of the learned Assistant Sessions Judge, Periakulam, Theni District.

(2.) In the affidavit filed in support of the writ petition, the petitioner has stated that he married one K. Parameshwari, on 12.06.1994 at Dindigul, according to Hindu Rites and Customs and out of their wedlock, they had two daughters and one son and they were leading a happy married life. The petitioner's wife used to go to her native place at Periakulam to see her parents and during her visit she is said to have developed illegal intimacy with one Karuppusamy, who is running a pharmacy and he is a bachelor. According to the petitioner, though he had advised his wife to mend her ways, she did not heed to his sincere advise. On the contrary, she lodged a compliant before All Women Police Station, Dindigul against the petitioner. It is stated that this complaint was given at the instance of the said Karuppusamy.

(3.) It is further stated by the petitioner that one Geetha, who is a Sub Inspector of Police, had advised the petitioner's wife to file a H.M.O.P. before the Sub Court, Dindigul for a decree of divorce. It is further stated that Rs. 47,000/- was plundered from the petitioner by threat on 16.12.2007 in the presence of the relatives of the petitioner's wife. The petitioner would further submit that his wife had eloped with the said Karuppusamy along with her daughter to Alli Nagar at Theni and when Karuppusamy was being with her, the neighbours objected to the same and Karuppusamy shifted her to another place at Pattalamman Street, Lakshmipuram, Theni, with the help of one Solaiyappan, who is said to be a close associate of Karuppusamy.