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2015 DIGILAW 1236 (MAD)

Tamil Amudhan @ Tamil v. Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai

2015-03-03

A.SELVAM, V.M.VELUMANI

body2015
Judgment A. Selvam, J. 1. This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to detention order passed in P.D.No.77/2014, dated 14.11.2014 by the detaining authority, who has been arrayed as second respondent herein against the detenu by name Tamil Amudhan @ Tamil, Son of Varatharajan and quash the same and thereby set him at liberty forthwith. 2. The Inspector of Police, Tamil University Police Station, Thanjavur as sponsoring authority has submitted an affidavit to the detaining authority, wherein it is stated that the detenu has involved in the following adverse case: (i) Crime No.69 of 2014, Thanjavur East Police Station registered under Sections 294(b), 324 and 506(ii) of the Indian Penal Code @ Sections 294(b), 342, 323, 324 and 506(ii) of the Indian Penal Code. 3. Further it is stated in the affidavit that on 25.09.2014, one Mallika has given a complaint against the detenu in Tamil University Police Station and the same has been registered in Crime No.303 of 2014 under Section 365 of the Indian Penal Code and ultimately requested the detaining authority to invoke Act 14 of 1982 against the detenu. 4. The detaining authority viz., second respondent herein after considering the averments made in the affidavit coupled with other connected documents has derived subjective satisfaction to the effect that the detenu is a habitual offender and ultimately branded him as 'Goonda' by way of passing the impugned detention order and in order to quash the same, the present Habeas Corpus Petition has been filed by the detenu himself as petitioner. 5. Despite of repeated adjournments, on the side of the respondents counter has not been filed. Under the said circumstances, this Habeas Corpus Petition is disposed of on merits on the basis of the contention put forth on the side of the petitioner/ detenu. 6. The learned counsel appearing for the petitioner/detenu has contended that on the side of the detenu three representations dated 19.11.2014, 20.11.2014 and 21.11.2014 have been submitted to the concerned authorities and the same have not been disposed of and therefore the detention order in question is liable to be quashed. 7. As pointed out earlier, despite of repeated adjournments on the side of the respondents, counter has not been filed. 8. 7. As pointed out earlier, despite of repeated adjournments on the side of the respondents, counter has not been filed. 8. Considering the fact that three representations have been submitted on the side of the petitioner/detenu to the concerned authorities and also considering that on the side of the respondents counter has not been filed, this Court is of the view that the detention order in question is liable to be quashed. 9. In fine, this Habeas Corpus Petition is allowed and the detention order passed in P.D.No.77/2014, dated 14.11.2014 by the second respondent/detaining authority is quashed and consequently the respondents are directed to set the detenu viz., Tamil Amudhan @ Tamil, Son of Varatharajan at liberty forthwith, unless he is required to be incarcerated in connection with any other case.