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.50 of 2011 Vazhivittal .. Petitioner versus 1. The State of Tamilnadu rep. by its Secretary to Government Prohibition & Excise Department Fort St. George, Secretariat Chennai-600 009. 2. The District Magistrate and District Collector Virudhunagar District Virudhunagar. 3. The Inspector of Police Aruppukottai Town Police Station Virudhunagar District. .. Respondents ----- PRAYER: Petition filed under Article 226 of the Constitution of India for the issue of a Writ of Habeas Corpus calling for the entire records relating to the impugned detention order passed in Cr.M.P.No.36/2010 dated 23.10.2010 on the file of the second respondent herein, to quash the same and to direct the respondents to produce the body of the petitioner's son, namely Mana @ Mahindran, son of Muthuselvam, aged about 32 years, now confined in Central Prison, Madurai, before this Court and to set him at liberty. For petitioner : Mr.A.P.Muthupandian 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 second respondent in Cr.M.P.No.36/2010 dated 23.10.2010, whereby the petitioner's son namely Mana @ Mahindran 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". https://hcservices.ecourts.gov.in/hcservices/ 2 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 12.01.2011 was circulated to the Minister on 27.01.2011 and the rejection letter was prepared on 07.02.2011 and sent to the detenu on 08.02.2011. Between 27.01.2011 and 08.02.2011, 29.01.2011, 30.01.2011, 05.02.2011 and 06.02.2011 happen to be Government holidays and there was a delay of six days viz., 28.01.2011, 31.01.2011, 01.02.2011, 02.02.2011, 03.02.2011 and 04.02.2011 in disposing of the representation, which remains unexplained. 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 second respondent in Cr.M.P.No.36/2010 dated 23.10.2010 is quashed. The detenu is directed to be released forthwith unless his presence is required in connection with any other case. SD/- Deputy Registrar (LA) /True Copy/ Assistant Registrar To 1. The Secretary to Government Home, Prohibition & Excise Department State of Tamilnadu , Fort St. George, Secretariat Chennai-600 009. 2. The District Magistrate and District Collector Virudhunagar District, Virudhunagar. 3. The Inspector of Police Aruppukottai Town Police Station, Virudhunagar District. 4.The Superintendent, Central Prison, Madurai 5.The Joint Secretary to Government, Public Law and Order, Fort St. George, Chennai 9 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC TO MR. A.P MUTHU PANDIAN, ADVOCATE S.R NO. 11346 H.C.P.(MD) No.50 of 2011 Dated: 03.03.2011 ksv PAM 21.03.2011/8C/2P https://hcservices.ecourts.gov.in/hcservices/