THASLIM KANI Vs. THE STATE REP. BY

JUDGEMENT

(1.) The prayer in the Writ Petition is for a Writ of Mandamus to direct the respondents 1 and 2 to take appropriate action against the respondents 3 to 5 by considering the petitioner's representation dated 23.11.2015. By consent, the writ petition itself is taken up for final disposal.

(2.) Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(3.) The case of the petitioner is that her husband was illegally taken to custody on 15.10.2015 under the guise of enquiry and he was subjected to harassment and only after four days, i.e., on 19.10.2015, he was sent to judicial custody. Though, she has been making representations since 16.10.2015, there was no response for her representation. Due to previous enmity between her husband and the respondents 3 to 5, her husband is tried to be detained under the various penal provisions and a case was registered in Crime No. 859 of 2015 by the fifth respondent and the e-mail sent by her with regard to harassment to her husband, has not been dealt with. On 19.10.2015, she filed a petition under Section 97 Cr.P.C. before the learned Judicial Magistrate No. II, Madurai and obtained an order of search and thereafter, her husband was remanded to custody on 19.10.2015 at night hours. Narrating all the incidents, the petitioner has made a representation on 23.11.2015 and prayed that the respondents 1 and 2 to take appropriate action against the respondents 3 to 5. Therefore, it is prayed that taking note of the contention in the representation and that no case could be foisted against her husband, more particularly, he could not be detained under the Preventive Detention Laws, the relief sought for in the petition may be granted.