IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 24.4.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM and The Hon’ble Mr. Justice J.A.K.SAMPATHKUMAR Habeas Corpus Petition No.152 of 2006 Ramesh Petitioner vs. 1. The State of Tamil Nadu, Rep. by its Secretary to Government, Prohibition and Excise Department, Fort St. George, Secretariat, 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 in connection with the order of detention passed by the second respondent dated 17.11.2005 in No.C.2/61130/2005 against the detenu viz., Selvam @ Pathar Selvam @ Muthaimizh Selvam son of Nallamuthu now confined in Central Prison, Cuddalore, set aside the same, direct the respondents to produce the above said detenu before this Court and set him at liberty. For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.Abudu Kumar Rajarathinam, Govt. Advocate (Crl. Side) O R D E R (Order of the Court was made by P.SATHASIVAM, J.) The petitioner herein, who is the brother in law of the detenu by name Selvam @ Pathar Selvam @ Muthaimizh Selvam son of Nallamuthu, challenges the impugned order of detention, dated 17.11.2005, detaining him as 'Goonda' as contemplated under the Tamil Nadu https://hcservices.ecourts.gov.in/hcservices/ 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. Heard learned counsel for the petitioner as well as learned Government Advocate for the respondents. 3. At the foremost, learned counsel for the petitioner submitted that there was delay in disposal of the representation of the detenu. 4. The particulars furnished by the learned Government Advocate show that the representation of the detenu was received by the Government on 14.12.2005. Subsequently, remarks were called for on 15.12.2005 and the same were received on 26.12.2005. The File was dealt with by the Under Secretary and Deputy Secretary on 27.12.2005. Finally, the Minister for Prohibition and Excise passed orders on 28.12.2005. However, the rejection letter was prepared only on 4.1.2006. The said letter was sent to the Central Prison for service on 5.1.2006 and served to the detenu on 7.1.2006. 5. As rightly pointed out by the learned counsel for the petitioner, though the competent authority, viz., Minister for Prohibition and Excise, passed orders on 28.12.2005, there is no reason for taking time till 4.1.2006 for preparation of the rejection letter. In the absence of proper explanation, even if we exclude the intervening holidays, we are of the view 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. 6. Accordingly, the Habeas Corpus Petition is allowed and the impugned order of detention is quashed. The detenu is directed to be set at liberty forthwith from the custody unless he is required in some other case or cause. ssk. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The District Magistrate and District Collector, Villupuram District, Villupuram. 2. The Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai 600 009. 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. ng (co) dv/3.5.06 HCP. No.152/2006 https://hcservices.ecourts.gov.in/hcservices/