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Judgment
P. Sathasivam, J.—The petitioner by name S. Chinthamani, challenges the impugned order of detention dated 29.08.2005, detaining her
husband Selvaraj @ Selvan @ Thondamuthur Selvaraj, as ""Goonda"" u/s 3(1) of the Tamil Nadu Prevention of Dangerous Activities of
Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (in short ""Tamil Nadu Act 14
of 1982"").
Heard both sides.
Even at the foremost the learned Counsel for the petitioner submitted that there was inordinate delay in considering the representation of the
detenu, which vitiates the ultimate order of detention. With reference to the said claim the learned Government Advocate has placed details, which
show that the representation of the detenue dated Nil was received by the Government on 15.09.2005 and remarks were called on 16.09.2005,
reminder was sent on 26.09.2005, remarks were received on the same day, i.e., 26.09.2005. After receipt of the remarks, the file was submitted
on 27.09.2005 and the same was dealt with by the Under Secretary and the Deputy Secretary on the same day itself; order was passed by the
Minister for Prohibition and Excise on 2 8.09.2005, rejection letter was prepared on 05.10.2005; the same was sent to the detenu on 06.10.2005
and the rejection letter was served on the detenu on 08.10.2005. As rightly pointed out though the concerned Minister has passed an order on
28.09.2005, there is no explanation or reason for not forwarding the same to the detenu till 08.10.2 005. In the absence of any explanation, we
hold that the delay between 28.09.2005 and 08.10.2005 is enormous. On this ground, the impugned detention order is vitiated and the same is
quashed; accordingly, this petition is allowed. The order of detention impugned in the petition is set aside and the detenu is directed to be set at
liberty forthwith from the custody unless he is required in connection with any other case.