Anitha Ruby Lawrence v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P. No.13812 of 2022 Anitha Ruby Lawrence ... Petitioner Vs.

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Superintendent of Police, Krishnagiri District, Krishnagiri.

3. The Deputy Superintendent of Police, Denkanikottai Circle, Krishnagiri District.

4. The Inspector of Police, All Women Police Station, Denkanikottai, Krishnagiri District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, directing the respondents not to invoke the Goondas Act against the petitioner's husband Lawrence based on the petitioner's representation to the respondents dated 24.05.2022. For Petitioner : Mr.R.Balaguruswamy For R1 to R4 : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Writ Petition has been filed to direct the respondents not to invoke the Goondas Act against the petitioner's husband one Lawrence, based on the petitioner's representation to the respondents dated 24.05.2022.

2. The above said prayer is misconceived, it cannot be entertained and filing of such a Writ Petition is nothing but an https://hcservices.ecourts.gov.in/hcservices/

abuse of process of law. It is for the authority concerned to take call whether the person to be detained under the Tamil Nadu Act 14 of 1982 or not, on the basis of the materials unearth during the investigation and presented before the detaining authority. This Court has no power to restrain the detaining authorities not to invoke the Tamil Nadu Act 14 of 1982.

3. Accordingly, this Writ Petition is dismissed and the petitioner is imposed a cost of Rs.5,000/- (Rupees Five Thousand only) and the cost shall be payable to the Cancer Institute, Adyar, Chennai within a week from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rgi/ham To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Superintendent of Police, Krishnagiri District, Krishnagiri.

3. The Deputy Superintendent of Police, Denkanikottai Circle, Krishnagiri District.

4. The Inspector of Police, All Women Police Station, Denkanikottai, Krishnagiri District.

5. The Public Prosecutor, High Court of Madras.

Copy to The Cancer Institute, Adayar, Chennai.

+1cc to Mr.R.Balaguruswamy , Advocate, S.R.No.36840 W.P. No.13812 of 2022 PMK[co] NSK/28/06/2022 https://hcservices.ecourts.gov.in/hcservices/