Velammal vs The State of Tamil Nadu

P. Sathasivam, J.—The petitioner by name Velammal, challenges the impugned order of detention dated 13.10.2005, detaining her husband

Boopathy 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 21.10.2005 was received by the Government on 28.10.2005 and remarks were called on

31.10.2005, reminder sent on 15.11.2005, remarks were received on 22.11.2005. After receipt of the remarks, the same was dealt with by the

Under Secretary and the Deputy Secretary on 23.11.2005; order was passed by the Minister for Prohibition and Excise on 24.11.2005, rejection

letter was prepared on 29.11.2005; the same was sent to the detenu on 30.11.2005 and the rejection letter was served on the detenu only on

02.12.2005. As rightly pointed out though the concerned Minister has passed an order on 24.11.2005, there is no explanation or reason for not

forwarding the same to the detenu till 02.12.2005. In the absence of any explanation, we hold that the delay between 24.11.2005 and 02.12.2005

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.