Govindaraji vs The State of Tamil Nadu

P. Sathasivam, J.—The petitioner by name Govindaraji, who is detained as a ""Goonda"" as contemplated under the Tamil Nadu Prevention

of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video

Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned detention order dated 17.05.2006, challenges the same in this Petition.

Heard learned Counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

At the foremost, learned Counsel for the petitioner submitted that there is enormous delay in disposal of the representation of the detenu, which

vitiates the ultimate order of detention. With reference to the above claim, learned Additional Public Prosecutor has placed the details, which show

that the representation of the detenu dated 05.07.2006 was received by the Government on 18.07.2006 and the remarks were called for on

19.07.2006 and the representation of the detenu was received from the Government on 19.07.2006 and the parawar remarks were called for

from the Sponsoring authority on the same day i.e. on 19.07.2006 and the remarks were received from the sponsoring authority on 28.07.2006.

Thereafter, the remarks were received by the Government on 07.08.2006 and the File was submitted on 08.08.2006 and the same was dealt with

by the Under Secretary and the Deputy Secretary on 08.08.2006 and finally, the Minister for Prohibition and Excise passed orders on the same

day i.e. 08.08.2006. The rejection letter was prepared on 09.08.2006 and the same was sent to the detenu on 10.08.2006 and served to him on

14.08.2006. As rightly pointed out by the learned Counsel for the petitioner, though parawar remarks were called for from the sponsoring

authority on 19.07.2006, the remarks were received from the sponsoring authority by the Collectorate only on 28.07.2006 and there is no

explanation at all for sending the remarks to the Collectorate belatedly. In the absence of any explanation by the person concerned even after

excluding the intervening holidays, we are of the view that the time taken for sending the remarks to the Collectorate is on the higher side and we

hold that the said delay has prejudiced the detenu in disposal of his representation. On this ground, we quash the impugned order of detention.

Accordingly, the Habeas Corpus Petition is allowed and the impugned order of detention is set aside. The detenu is directed to be set at liberty

forthwith from the custody unless he is required in connection with some other case or cause.