1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2011 CORAM: THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE MR.JUSTICE T.SUDANTHIRAM H.C.P.(MD) No.25 of 2011 Chithrakala .. Petitioner versus 1. The Commissioner of Police Tirunelveli City Tirunelveli. 2. The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009. 3. The Inspector of Police Melapalayam Police Station Tirunelveli City. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issue of a Writ of Habeas Corpus directing the respondents to produce the body of the detenu, namely, G.Manoharan, Son of Govindaraj, aged about 53 years, before this Court, who is now detained in the Central Prison, Palayamkottai in pursuance of the detention order passed by the first respondent in No.21/BDFGISSV/2010 dated 27.05.2010, to call for the records and quash the same and release the detenue at liberty forthwith. For petitioner : Mr.N.Mohideen Basha For respondents: Mr.S.P.Samuelraj Additional Public Prosecutor ORDER (Order of the Court was made by CHITRA VENKATARAMAN,J.) Challenge is made to the order of detention passed by the first respondent No.21/BDFGISSV/2010 dated 27.05.2010, whereby the petitioner's husband namely, Manoharan was ordered to be detained under the provisions of Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14/1982) branding him as a "Goonda". 2. Learned counsel for the petitioner challenges the impugned order of detention on the ground of delay in disposing of the representation of the petitioner. 3. It is seen from the proforma produced by the learned Additional Public Prosecutor before this Court that the representation of the petitioner dated nil was circulated to the Minister on 24.06.2010 and the rejection letter was prepared on 01.07.2010 and sent to the detenu on the same day. Between 24.06.2010 and 01.07.2010, 26.6.2010 and 27.06.2010 happen to be Government holidays and there was a delay of five days in disposing of the representation, which remains unexplained. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Such unexplained delay in considering the representation would amount to deprivation of making effective representation guaranteed under Article 22(5) of the Constitution of India and therefore, the impugned order of detention is liable to be quashed. Hence, we have no hesitation in setting aside the order of detention. 5. In view of the above, this Habeas Corpus Petition is allowed and the order of detention passed by the first respondent in No.21/BDFGISSV/2010 dated 27.05.2010 is quashed. The detenu is directed to be released forthwith unless his presence is required in connection with any other case. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(C.S) To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli. 2.The Secretary to the Government, Home, Prohibition and Excise Department Secretariat, Chennai-600 009. 3.The Inspector of Police, Melapalayam Police Station Tirunelveli City. 4.The Superintendent, Central Prison, Palayamkottai. 5.The Joint Secretary to Government, Public (Law & Order) Fort St.George, Chennai-9 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai ksv H.C.P.(MD) No.25 of 2011 Dated: 03.03.2011 TR : 18.03.2011 : 2p/7c https://hcservices.ecourts.gov.in/hcservices/