The court dismissed a writ petition challenging the police's failure to investigate the confinement of the petitioner's mother and to protect her property. The petitioner verified that the mother resides in an old age home, leading the court to conclude no cause of action survives.
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HON’BLE SRI JUSTICE K.C. BHANU
WRIT PETITION No.16144 OF 2012
ORDER:
This writ petition is filed seeking to issue writ of Mandamus declaring the action of respondent No.1 on the petitioner’s complaint, dated 17.03.2012, in not investigating the whereabouts of Smt Rajkumari, the mother of the petitioner and respondent Nos.2 and 3, who have illegally confined her from the reach of the petitioner in order to grab her valuable building bearing MCH No.1-9-665/5 to an extent of 200 sq.yards situated at Vidyanagar, Hyderabad, and to provide protection to her life as illegal and arbitrary, and consequently direct respondent No.1 to investigate about the whereabouts of Smt Rajkumari and provide protection to her from respondent Nos.2 and 3.
2. Learned Assistant Government Pleader for Home appearing for respondent No.1, on instructions, stated that Smt Rajkumari is staying in an old age home at Secunderabad and she also furnished her address particulars.
3. Petitioner also verified the same and found the said Rajkumari is staying in the said old age home. Therefore, no cause of action survives in this writ petition for adjudication.
4. Therefore, the Writ Petition is closed leaving open the remedies available to the petitioner under law. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.
_______________________ JUSTICE K.C. BHANU
06th August, 2012 AMD
HON’BLE SRI JUSTICE K.C. BHANU
WRIT PETITION No.16144 OF 2012
Date:06.08.2012
AMD
2 issues framed by the court
Whether a writ of Mandamus should be issued directing investigation into the whereabouts of a confined mother to protect her life and property.
Whether the petitioner has established a cause of action given knowledge that the mother is residing in an old age home.
Petitioner
Smt Rajkumari
Respondent No.1
Respondent Nos.2 and 3
K.C. BHANU
As recorded by the court registry
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