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2006 DIGILAW 136 (MAD)

Ramakrishnan v. The Government of Tamil Nadu, Rep. by its Secretary, Prohibition and Excise Department, Fort St. George, Chennai & Others

2006-01-23

N.PAUL VASANTHAKUMAR, P.SATHASIVAM

body2006
Judgment :- (Petition under Article 226 of the Constitution of India for the issuance of Writ of Habeas Corpus to call for the records relating to the detention order passed by the 2nd respondent in M.H.S. Confidential No.24 of 2005 dated 05.07.2005, quash the same, produce detenu M.Manikandan, S/o.Mookkandi, now detained in Central Prison, Palayamkottai, before this court, and set him at liberty.) P.Sathasivam, J. The petitioner challenges the detention order dated 05.07.2005, detaining his brother by name Manikandan as ‘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). 2. At the foremost, learned counsel for the petitioner submitted that there was inordinate delay in disposal of the representation of the detenu. 3. The particulars furnished by the learned Government Advocate show that the representation of the detenu was received by the Government on 12.08.2005, remarks were called for on 16.08.2005 and the same were received from the Sponsoring Authority on 22.08.2005. Thereafter, File was dealt with by the Under Secretary and Deputy Secretary on 23.08.2005. Finally, the Minister for Prohibition and Excise passed orders on 24.08.2005. However, the rejection letter was prepared only on 02.09.2005. The said letter was sent to the Central Prison for service on the same date and served to the detenu on 08.09.2005. 4. As rightly pointed out by the learned counsel for the petitioner, though the competent authority, viz., Minister for Prohibition and Excise, passed orders on 24.08.2005, there is no reason for taking time till 02.09.2005 for preparation of the rejection letter. In the absence of proper explanation, even if we exclude the intervening holidays on Saturday and Sunday, we hold that the delay is on the higher side, which caused prejudice to the detenu in considering his representation effectively. On this ground, the impugned order of detention is quashed. 5. 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 some other case or cause.