JEENATH Vs. INSPECTOR OF POLICE NELANGARAI

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

(2.) THE writ petition is filed for direction against respondents 1 and 2 to release the petitioner's husband viz. , Kuthbutheen, remanded and lodged in Central Prison, puzhal in Crime No. 1100 of 2007 on the file of the Inspector of Police, Neelangarai Police Station, Kancheepuram district, to enable him to attend the Council meeting to be held on 14. 12. 2007 around 10. 15 a. m. in terms of the notice made in Meeting No. 13/2007 dated 10. 12. 2007, issued by the sholinganallur Town Panchayat, third respondent.

(3.) THE petitioner's husband by name Kuthbutheen, is a Councillor for Ward No. 5, of Kudimiyandhi Thope, comes under the Sholinganallur Town Panchayat, Kancheepuram district, elected in the Local Body Election held in 2006 and he was arrested in Trichi and a case in Crime No. 1100 of 2007 was registered on the file of the first respondent herein and lodged in the Central Prison, Puzhal for the alleged offences under Sections 341, 323, 324, 452, 427, 307 and 506 (ii) IPC and Section 3 of TNPDT Act. It is the case of the petitioner that her husband being the Councillor has been prevented from attending the earlier meetings on two occasions and if he fails to attend the meeting to be held on 14. 12. 2007 at 10. 15, he may be facing disqualification as per Section 38 of the Tamil Nadu Panchayat Act. In view of the same, the petitioner has filed the present writ petition for the directions as stated above.