Veerapandian v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.22164 of 2019 and W.M.P.No.21439 of 2019 Veerapandian
...Petitioner
Vs 1.The Government of Tamilnadu, Rep., by its Secretary, Home Department, Fort St.George, Chennai-9.
2.The District Collector, Cuddalore District, Cuddalore.
3.The Superintendent of Police, Cuddalre District, Cuddalore.
4.The Inspector of Police, Chidambaram Town Police Station, Chidambaram, Cuddalore District.
5.The Inspector of Police, Chidambaram Taluk Police Station, Chidambaram, Cuddalore District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of order or orders or direction, particularly in the nature of Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 22.07.2019 in accordance with law and directing the respondents not to detaining the petitioner under Tamil Nadu Act 14/82 or any other preventive detention in law to secure the ends of justice.
For Petitioner : Mr.K.Sudhakar For R1 to R5 : Mr.C.Iyyapparaj Additional Public Prosecutor
O R D E R
The prayer sought for in the present Writ Petition is to direct the respondents to refrain from detaining the petitioner under Section 14/82 or any other preventive detention in law cannot be sustained, since a decision to pass detention order would revolve on various factors by the detaining authority, including the involvement of the proposed detenue in various offences. The only remedy available to the petitioner would be to challenge the detention order, if the detenue is of the view, that the order is illegal.
Hence, the prayer made in the representation given by the petitioner to the respondents dated 22.07.2019 is prematured. Nevertheless, since the representation has been kept pending by the respondents without passing any order therein, there shall be a direction to the second respondent herein to dispose of the petitioner's representation as expeditiously as possible. In the light of the above observation, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is also closed. No costs. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar vsn/sbn To 1.The Secretary, The Government of Tamilnadu, Home Department, Fort St.George, Chennai-9.
2.The District Collector, Cuddalore District, Cuddalore.
3.The Superintendent of Police, Cuddalre District, Cuddalore.
4.The Inspector of Police, Chidambaram Town Police Station, Chidambaram, Cuddalore District.
5.The Inspector of Police, Chidambaram Taluk Police Station, Chidambaram, Cuddalore District.
6. The Public Prosecutor, High Court of Madras.
W.P.No.22164 of 2019 and W.M.P.No.21439 of 2019 AD(CO) GMY(06/12/2019)