IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 13.06.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM and The Hon’ble Mr. Justice V.DHANAPALAN Habeas Corpus Petition No.226 of 2006 Sarasu @ Saraswathi ... Petitioner Vs. 1. The State of Tamil Nadu, rep. by the Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai-600 009. 2.The District Magistrate and District Collector, Villupuram District, Villupuram. ... Respondents Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the records relating to the proceedings of the 2nd respondent dated 6.2.2006 made in C2/6465/2006 produce the detenu before this Court and quash the same and set the petitioner's husband the detenu Sathiyamurthy s/o Ranganatha Gounder at liberty who is detained in Central prison Cuddalore. For Petitioner : Mr.M.Devaraj For Respondents : Mr.M.Babu Muthu Meeran Addl. Public Prosecutor O R D E R (Order of the Court was made by P.SATHASIVAM, J.) The petitioner is the wife of detenu by name Sathiamoorthy, who was detained as a ''Bootlegger" under Tamil Nadu Act 14 of 1982 by the impugned detention order dated 06.02.2006, challenges the same in this Petition. https://hcservices.ecourts.gov.in/hcservices/ 2. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents. 3. 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 27.02.2006 was received by the Government on 01.03.2006 and remarks were called for on 02.03.2006 and a reminder was sent on 10.3.2006. Thereafter, the remarks were received by the Government on 13.03.2006 and the File was submitted on 13.03.2006 and the same was dealt with by the Under Secretary and the Deputy Secretary on 14.03.2006 and finally, the Minister for Prohibition and Excise passed orders on 15.03.2006. The rejection letter was prepared on 27.03.2006 and the same was sent to the detenu on 28.3.2006 and served to him on 30.03.2006. As rightly pointed out by the learned counsel for the petitioner, though the Minister for Prohibition and Excise passed an order on 15.03.2006, there is no explanation at all for taking time for preparation of rejection letter till 27.03.2006. 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 preparation of rejection letter 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. 4. 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. rpa Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to the Government, State of Tamil Nadu, Prohibition and Excise Department, Fort St. George, Chennai-600 009. 2.The District Magistrate and District Collector, Villupuram District, Villupuram. 3. The Superintendent, Central Prison, Cuddalore. (In duplicate for communication to detenu) 4. The Joint Secretary to Government, Public (Law and Order) Fort St. George, Chennai-9. 5. The Public Prosecutor, High Court, Madras. HCP. No.226 of 2006 PV(CO) RVL 17.06.2006 https://hcservices.ecourts.gov.in/hcservices/