Arokkiya Sindhuja v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2016
CORAM:
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.11358 of 2016 Arokkiya Sindhuja ... Petitioner -vs1.
The District Collector, Tirunelveli District, Tirunelveli.
2.
The Superintendent of Police, Tirunelveli District, Tirunelveli.
3.
The Inspector of Police, Panagudi Police Station, Radhapuram Taluk, Tirunelveli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents not to implicate the petitioner's husband Arunachalam @ Chairman, S/o.Sankaran, Vempadi Street, Valliyoor, Tirunelveli District under Goondas Act without following the due process of law by considering her representation dated 16.06.2016. For Petitioner :
Mr.S.R.Anbarasu For Respondents :
Mr.D.Muruganandam, Addl. Govt. Pleader
O R D E R
This petition has been filed, seeking a direction to the respondents not to implicate the petitioner's husband Arunachalam @ Chairman, S/o.Sankaran, Vempadi Street, Valliyoor, Tirunelveli District under Goondas Act without following the due process of law by considering her representation dated 16.06.2016.
2. Heard the learned counsel for the petitioner and the learned Mr.D.Muruganandam, learned Additional Government Pleader appearing for the respondents.
3. The petitioner has submitted that her husband is a goldsmith; that she has two sons studying in college; that her husband has been doing gold business for several years and has earned high reputation in the society; that to her shock and dismay, her husband was arrested by the 3rd respondent police in https://hcservices.ecourts.gov.in/hcservices/
connection with two criminal cases, namely, Crime No.213 of 2016 dated 31.05.2016 and 226 of 2016 dated 08.06.2016 registered under Sections 147, 148, 294(b), 324, 307 and 506(ii) IPC and was remanded to judicial custody on 09.06.2016; that though her husband is not a habitual offender and there is no previous case against the husband of the petitioner, the detaining authority is taking steps to detain her husband under Goondas Act; that the petitioner has submitted a representation dated 16.06.2016 to the respondents in this regard and there was no response for the same and therefore, the petitioner is before this Court seeking the above relief.
4. The learned Additional Government Pleader for the respondents would submit that the representation of the petitioner dated 16.06.2016 will be considered and suitable orders will be passed thereon.
5. Once a representation has been received by the respondents, it is their bounden duty to decide on the same in one way or the other. Therefore, this Court, without going into the merits of the matter, directs the respondents to consider the representation of the petitioner dated 16.06.2016 and pass orders thereon on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.
With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS I) /True copy/ Sub Assistant Registrar To:
1.
The District Collector, Tirunelveli District, Tirunelveli.
2.
The Superintendent of Police, Tirunelveli District, Tirunelveli.
3.
The Inspector of Police, Panagudi Police Station, Radhapuram Taluk, Tirunelveli District.
sm:KBM:12.08.2016:2P/4C W.P(MD)No.11358 of 2016 03.08.2016 https://hcservices.ecourts.gov.in/hcservices/