The Madras High Court observed that the mere apprehension of the petitioner of arrest on the basis of a newspaper report can’t be accepted by the Court.
“The considered view of this Court, the newspaper report can never fond the basis of entertaining the writ petition and forbearing the respondents.”
The above observation was made by the Single-judge bench of Madras High Court, comprising of the Justice N Anand Venkatesh while dealing with the Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus directing the forbearing Respondents from passing order by detaining the petitioner under the preventive detention in particularly “Black Marketing Act”.
Court Reasoning & Judgment
The Court laid emphasis on the case of D. Aswin Rao v. The State rep.by its Additional Chief Secretary and 2 others as similar issue was raised in this case and held that:
“the only apprehension of the petitioner is based on the newspaper report to the effect that the respondents are taking steps to detain the petitioner under the preventive Detention under Tamil Nadu Act No.14 of 1982.”
Hence, the Bench dismissed the Writ Petition as the present case does not fall within the parameters that were laid down in the above discussed judgment and didn’t found any merit in the case.
Case Details
Case: W.P.No.5121 of 2021
Petitioner: Inbaraj
Respondent: The District Collector & Ors
Counsels for the Petitioner: Mr. B. Kumarasamy
Counsels for the Respondent: Mr.M.Mohamed Riyaz
Quorum: Justice N Anand Venkatesh
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