V.Vijayakumari v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.11991 of 2025 V.Vijayakumari ... Petitioner Vs.

1.The Home Secretary, Govt. of Tamilnadu, Home Department, Fort St.George, Chennai 600 009.

2.The Commissioner of Police, Avadi Commissionerate, Avadi, Chennai 600 054.

3.The Inspector of Police, Avadi CCB - ALGC, Avadi Commissionerate, Avadi, Chennai 600 054.

4.Mint Ramesh 5.Selvaraj 6.Sathish 7.Sarojini 8.Chandrasekar ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of

India, praying for the issuance of Writ of Mandamus directing the second respondent to invoke the provisions of the Goondas Act or any other relevant preventive detention law against the fourth to eight respondents in light of their continuous criminal activities and threats to public safety. For Petitioner : M/s.S.Vardhini For R1 to R3 : Mr.R.Vinothraja, Government Advocate (crl.side)

O R D E R

This writ petition has been filed seeking a direction to the second respondent to invoke the provisions of the Goondas Act or any other relevant preventive detention law against respondents 4 to 8, in light of their alleged continuous criminal activities and threats to public safety.

2. Heard both sides and perused the materials placed on record.

3. The learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint lodged by the petitioner as against the respondents 4 to 8, CSR was issued, and the enquiry is currently pending.

4. In view of the above, this Court is of the view that even before the registration of an FIR as against the respondents 4 to 8, a request to invoke the provisions of the Goondas Act or any preventive detention law is premature. The invocation of such stringent preventive measures must be preceded by a proper investigation and determination of the nature and gravity of the alleged offences.

5. Accordingly, this writ petition stands dismissed. The third respondent is directed to complete the enquiry and dispose of the complaint lodged by the petitioner within a period of two weeks from the date of receipt of a copy of this order. It is made clear that if any cognizable offence is made out as against the respondents 4 to 8, the third respondent shall register an FIR and proceed in accordance with law. No costs.

04.04.2025 : Yes/No Speaking/non-speaking order shk G.K.ILANTHIRAIYAN, J.

shk To 1.The Home Secretary, Govt. of Tamilnadu, Home Department, Fort St.George, Chennai 600 009.

2.The Commissioner of Police, Avadi Commissionerate, Avadi, Chennai 600 054.

3.The Inspector of Police, Avadi CCB - ALGC, Avadi Commissionerate, Avadi, Chennai 600 054.

4. The Public Prosecutor, High Court, Madras.

W.P.No.11991 of 2025 04.04.2025