Mariyammal v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Mariyammal ... Petitioner Vs 1.The Secretary to Government, Home Department, Secretariat, Chennai.
2.The District Collector, Collectorate Campus, Dindigul, Dindigul District.
3.The Superintendent of Police, Collectorate Campus, Dindigul, Dindigul District.
4.The Inspector of Police, Guziliamparai Police Station, Dindigul District.
...Respondents
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PRAYER :Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, restraining the respondents, particularly the 2nd and 3rd respondents from detaining the petitioners husband Arulmurugan, S/o. Subban, 43 years old man, resident of South Lanthakottai, Guziliamparai Taluk, Dindigul District under the Tamilnadu Act 14 of 82 ie. Goondas Act and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.R. Murugappan, For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
The petitioner, wife of one Arulmurugan, has filed this writ petition, seeking a Mandamus, restraining the respondents particularly the respondents 2 & 3 from detaining the petitioner's husband, under Tamilnadu Act 14 of 1982.
2.Today(28.06.2024), when this Writ petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents submits that Arulmurugan/this petitioner's husband 2/6
is a habitual offender, having several criminal cases to his credit. The learned Additional Public Prosecutor has also furnished the details about the number of cases pending as against the petitioner's husband.
3.It appears that the petitioner's husband, namely, Arulmurugan is an accused in the following criminal cases:- Sl.No.
Name of the Police Station Crime Number Offences 1.
Gujiliamparai, Dindigul 63/2022 294(b), 323, 324, 506(ii) of IPC 2.
Gujiliamparai, Dindigul 202/2023 294(b), 341, 506(i) of IPC 3.
Thanthondimalai, Karur 246/2023 294(b), 323, 506(i) of IPC and Section 4 of TNPHW Act.
4.
Aravakurichi, Karur 348/2023 294(b) of IPC 4(1) (j) of TNP Act 5.
Velliayanai, Karur 168/2024 294(b), 323,355,387, 506(ii) of IPC 6.
Gujiliamparai, Dindigul 116/2012 109,147,148,294(b) and 307 IPC 7.
Gujiliamparai, Dindigul 125/2021 294(b),323, 324, 379, 506(ii) of IPC @ 294(b), 323,324,506(ii) of IPC 3/6
8.
Gujiliamparai, Dindigul 210/2023 294(b), 323,341,427, 506(i) of IPC 9.
Gujiliamparai, Dindigul 210/2011 294(b), 323, 341, 427, 506(i) of IPC 10.
Gujiliamparai, Dindigul 8/2019 294(b), 324, 506(ii) of IPC, Section 4 of TNPHW Act @ 294(b), 323, 324, 506(ii) of IPC and Section 4 of TNPHW Act.
11.
Sinthamanipatti, Karur 115/2022 147, 294(b), 323, 324,355 of IPC @ 294(b), 323, 324 of IPC.
12.
Gujiliamparai, Dindigul 965/2020 143,269,341 of IPC @ 143, 269 and 341 of IPC and Section 3 of ED Act, 1897.
13.
Gujiliamparai, Dindigul 220/2011 147, 294(b), 323, 341, 506(i) of IPC @ 147, 294(b), 323, 341 of IPC.
4.It is the prerogative of the detaining authority to pass suitable orders, in respect of detention of the accused, depending upon the materials placed before him. Therefore, this Court is not inclined to pass any orders/direction as prayed for in this writ petition and it is upto the detaining authority to take a call in this issue, as stated above.
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5.Accordingly, this writ petition is dismissed. No costs. 28.06.2024 NCC : Yes / No.
Index : Yes / No.
vrn To 1.The Secretary to Government, Home Department, Secretariat, Chennai.
2.The District Collector, Collectorate Campus, Dindigul, Dindigul District.
3.The Superintendent of Police, Collectorate Campus, Dindigul, Dindigul District.
4.The Inspector of Police, Guziliamparai Police Station, Dindigul District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI, J.
vrn Order made in 28.06.2024 6/6