1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.5511 of 2011 M.Radha : Petitioner Vs 1. The District Collector, Trichy 2. The Superintendent of Police, Trichy 3. The Inspector of Police, Mannachanallur Police Station, Trichy : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from killing the petitioner's Husband named Murugesan S/o. Avinasi Mooppan in any fake encounter. For Petitioner : Mr.N.Sankar Ganesh For Respondents : Mr.R.Anandha Raj Government Advocate ORDER The petitioner has come forward with the present Writ Petition for a Mandamus forbearing the respondents from killing the petitioner's Husband named Murugesan S/o. Avinasi Mooppan in any fake encounter. 2. The only grievance of the petitioner is that her husband has been falsely implicated in various cases after 2008. 3. This Hon'ble Court ordered notice and the learned Government Advocate brought to the notice of this Court that the petitioner's husband is now detained in prison under Act 14 under the Goondas Act. In as much as the petitioner's husband is in judicial custody under Act 14 of the Goondas Act, the apprehension of the petitioner itself cannot be entertained and it is un-found. 4. By consent of both sides, this Writ Petition is taken up for final hearing. 5. The grievance of the petitioner is that her husband may be killed in a false encounter has been set at naught by the learned Government Advocate on the ground that the husband of the petitioner has already been arrested and he is in judicial custody under the https://hcservices.ecourts.gov.in/hcservices/ 2 Goondas Act. Therefore, there cannot be any apprehension at this point of time. Mere apprehension without any specific allegation cannot be entertained. 6. Taking into consideration that already the petitioner's husband is in jail under Goondas Act, the apprehension of the petitioner may not be correct at this point of time. Hence, the Writ Petition is closed recording that the petitioner's husband is in judicial custody under Goondas Act. No costs. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To 1. The District Collector, Trichy. 2. The Superintendent of Police, Trichy. 3. The Inspector of Police, Mannachanallur Police Station, Trichy. +1cc to Mr.N.Sankar Ganesh, Advocate SR.No.18539 +1cc to Special Govt.Pleader SR.No.18427 W.P.(MD).No.5511 of 2011 13.06.2011 vsg PA/23.06.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/