POONGODI Vs. SUB COLLECTOR

JUDGEMENT

(1.) THE Petitioner challenged the order passed by the First Respondent on 31.10.2009 by which the First Respondent directed the Third Respondent to evict the occupier from the house for conducting the prostitution and attach the property.

(2.) THE Petitioner contends that she is a resident of Cauvery Nagar, Mettur Dam, Salem District and there are certain disputes with the neighbours and therefore, Complaints were filed by the Petitioner against the neighbours in 2003, 2004 & 2005. Her husband, who is a Head Constable attached to Mettur Police Station, is living separately due to difference of opinion. Due to enmity, the local neighours gave a Complaint through one Venkatesh, who is also residing in the same locality, complaining as if, one Venkatachalam was soliciting prostitution along with the Petitioner. THE said Complaint was registered on 13.10.2009 in Crime No.496 of 2009 on the file of the Inspector of Police, All Women Police Station, Mettur under Sections 3(1) & 6(i)(a) & (b), Immoral Traffic Act and subsequently altered into 3(1) & 7(i)(a) of Immoral Traffic (Prevention) Act, 1956. THE Petitioner contends that she was staying with her daughter in Bangalore and sustained injuries in an accident on the date of Complaint on 12.10.2009 and therefore, it is a false case purposely filed against her.

(3.) ON the other hand, Mr. P. Subramanian, learned Additional Government Pleader submitted that one Venkatesh lodged a Complaint to the Inspector of Police, Mettur Police Station, Salem District and based on which a case was registered and the person who was named in the Complaint was arrested and remanded to judicial custody. He also submitted that the Petitioner did not reside at Bangalore at the time of Complaint and she escaped from the place in a scooty when the Police entered in Cauveri Nagar for investigation. An information was received by the Inspector of Police, Mettur, stating that Poonkodi, wife of Govidan, was using the residential house at Door No.17/1A-23, Cauvery Nagar, Mettur Dam, Salem District as a brothel house and requesting to take action under Section 18(1) of the Act. After the reception of information, the show cause notice dated 22.10.2009 was issued and a reply dated 23.10.2009 was received from the Petitioner. Another notice dated 23.10.2009 was issued to the Petitioner to appear for an enquiry on 28.10.2009 and the Petitioner did not appear and therefore, the contention that no opportunity was given is false.