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2025 DAILYLAW 56730 (AP)

S. Menaka v. The Government of Andhra Pradesh

WP/12245/2021 · 2025-10-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010212982021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12245/2021 Between: 1. S. MENAKA, W/O S. VENKATESH, AGED ABOUT 36 YEARS, OCC. HOUE WIFE, RESIDING AT D.NO. 2-2, KOTHUR VILLAGE, PELLAKURU. MANDAL, SPSR NELLORE DISTRICT. 2. S. LASWATHA YADAV, S/O S. VENKATESH, AGED ABOUT 21 YEARS, OCC. STUDENT, RESIDING AT D.NO. 2-2, KOTHUR VILLAGE, PELLAKURU MANDAL, SPSR NELLORE DISTRICT. 3. S. SAI THOSHITHA YADAV, D/O S. VENKATESH, AGED ABOUT 18 YEARS, OCC. STUDENT, RESIDING AT D.NO. 2-2, KOTHUR VILLAGE, PELLAKURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS SECRETARY, (HOME DEPARTMENT), SECRETARIAT, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT. 3. THE SUBINSPECTOR OF POLICE, PELLAKURU POLICE STATION, SPSR NELLORE DISTRICT. 4. THE STATION HOUSE OFFICER, PELLAKURU POLICE STATION, SPSR NELLORE DISTRICT. 5. S VENKATESH VENKATESWARLU, S/O LATE S. VENKATAKRISHNAIAH AGED ABOUT 40 YEARS, RESIDING AT 2 D.NO. 2-2, KOTHUR VILLAGE, PELLAKURU MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 3rd and 4th Respondents in interfering in Matrimonial, Civil Disputes, pressurising the Petitioners to vacate the Dwelling House bearing D.No. 2-2, Kothur Village, Pellakuru Mandal, SPSR Nellore District and interfering with personal liberty of the petitioners without any legal cause as illegal, arbitrary and violation of Article 19, 21 and 300-A of the Constitution of India and consequently direct the 3rd and 4th respondents to forbear from interfering with the life and personal liberty of the petitioners and not to interfere with the civil disputes and pass IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd and 4th Respondents not to interfere and pressurise the Petitioners to vacate the Dwelling House bearing D.No. 2-2, Kothur Village, Pellakuru Mandal, SPSR Nellore District, and pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to implead as party Respondent No. 6 in the above writ petition as well as in the I.A's in the interest of Justice and to pass Counsel for the Petitioner(S): 1. O UDAYA KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 3rd and 4th Respondents in interfering in Matrimonial, Civil Disputes, pressurizing the Petitioners to vacate the Dwelling House bearing D.No.2-2, Kothur Village, Pellakuru Mandal, SPSR Nellore District and interfering with personal liberty of the petitioners without any legal cause as illegal, arbitrary and violation of Article 19, 21 and 300-A of the Constitution of India and consequently direct the 3rd and 4th respondents to forbear from interfering with the life and personal liberty of the petitioners and not to interfere with the civil disputes and pass...” 2. Heard Sri O.Udaya Kumar, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that no crime has been registered against the petitioners. 4. Recording the said submissions, the Writ Petition is disposed of. However, the police are directed to follow due process of law in case any crime is registered against the petitioners. There shall be no order as to costs. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.10.2025. SNI 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.12245 of 2021 Dated.06.10.2025 SNI 721