A MOHAMMED SITHEEQ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE writ petitions are filed by the respective petitioners praying to issue a Writ of Mandamus forbearing the respondents from detaining the petitioner in W.P.No.16217/2011; petitioner's husband in W.P.No.16432/2011; petitioner's brother in W.P.No.16706/2011; and the petitioner's sister's husband in W.P.N.18446/2011 under Section 3(1) of the Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980 (Act 7 of 1980) (hereinafter referred to as the "Act").

(2.) IN W.P.No.16217 of 2011, according to the petitioner, he is running modern rice mill in the name and style of M/s.Anandam Modern Rice at Dindigul and he is also the Secretary of the Rice Mills Owners' Association (Tamil Nadu Civil Supplies Corporation) for the past several years. He was appointed as hulling agent in Tamil Nadu Civil Supplies Corporation. The said Corporation used to supply raw paddy for hulling purpose and the resultant rice are to be supplied to the Tamil Nadu Civil Supplies Corporation and charges will be paid to the petitioner. The petitioner was arrested in the year 2008 by the fourth respondent and handed over to the INspector of Police, C.S.,CID, Madurai. The District Collector passed the detention order on 7.11.2008 and thereafter the Advisory Board found that the order of detention was not valid and he was released. Again on 17.7.2010, the fourth respondent filed First INformation Report NO.304/2010 alleging that in his godown, 188 bags of Public Distribution System rice was stored and hence he was arrested. According to the petitioner, the action of the fourth respondent is motivated. Again, a case was registered by the fourth respondent in Crime No.344/2011 and the petitioner was arrested on 14.6.2011 and subsequently he was released on bail. Due to the said registering of case, the petitioner apprehends that he may be detained under Section 3(1) of the said Act.

(3.) IN W.P.No.18446 of 2011, the petitioner's sister's husband A.Kannan was running rice business upto the year 2010. According to the petitioner, as the police registered false case against his sister's husband, he stopped the said rice business in the year 2010 itself and now he is doing coolie work in a hulling mill at Thirukkanur, Puducherry Union Territory. Originally, petitioner's sister's husband was arranging transport of rice bags in lorries from various trader's business premises to various Districts and States under the cover of valid permits. The Government of INdia introduced the scheme by name SGRY Scheme for helping poor families, who are hailing from the village side. As per the said scheme, coolies are given by way of rice and money. The petitioner's sister's husband was arrested on 2.8.2011 by the fourth respondent and the petitioner apprehends that the fourth respondent recommended to the second and third respondents for registering the case under Act 7 of 1980 and the second and third respondents are taking steps to detain his sister's husband under the said Act. Hence this writ petition.