IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 18.04.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM and The Hon’ble Mr. Justice J.A.K.SAMPATHKUMAR Habeas Corpus Petition No.116 of 2006 G.Seethapathy ... Petitioner Vs. 1. The State rep. by the Secretary, Government of Tamil Nadu, Prohibition and Excise Department, Fort St. George, Chennai-600 009. 2. The Commissioner of Police, Greater Chennai, Egmore, Chennai-600 008. 3. The State, rep. by its Inspector of Police, Madipakkam Police Station, Chennai. ... Respondents Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the records of the second respondent in B.D.F.G.I.S.V.No.537/2005 dated 07.12.2005 and quash the same and thereby direct the respondents to produce the son of the petitioner viz., S.Sambandam @ Sampath Kumar @ Siva Sambandam S/o G.Seethapathy, aged about 28 years (detenu) now detained at Central Prison, Chennai, before this Court and set him at liberty forthwith. For Petitioner : Mr.M.Ravikumar For Respondents : Mr.Abudhukumar Rajarathinam Govt. Advocate (Crl. Side) O R D E R (Order of the Court was made by P.SATHASIVAM, J.) https://hcservices.ecourts.gov.in/hcservices/ The petitioner, who is the father of the detenu by name S.Sambandam @ Sampath Kumar @ Siva Sambandam, who was detained as a ''Goonda" as contemplated under the Tamil Nadu 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), by the impugned detention order dated 07.12.2005, challenges the same in this Petition. 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 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 Government Advocate has placed the details, which show that the representation of the detenu dated 06.01.2006 was received by the Government on 09.01.2006 and remarks were called for on 10.01.2006. Thereafter, the remarks were received by the Government on 13.01.2006 and the File was submitted on 16.01.2006 and the same was dealt with by the Under Secretary and the Deputy Secretary on the same date i.e. on 16.01.2006 and finally, the Minister for Prohibition and Excise passed orders on 17.01.2006. The rejection letter was prepared on 30.01.2006 and the same was sent to the detenu on the same date i.e. on 30.01.2006 and served to him on 31.01.2006. As rightly pointed out by the learned counsel for the petitioner, though the Minister for Prohibition and Excise passed an order on 17.01.2006, there is no explanation at all for taking time for preparation of rejection letter till 30.01.2006. 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. raa 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 Commissioner of Police,Greater Chennai,Egmore, Chennai-600008. 3. The Inspector of Police, Madipakkam Police Station, Chennai. 4. The Superintendent, Central Prison, Chennai. (In duplicate for communication to detenu) 5. The Joint Secretary to Government, Public (Law and Order) Fort St. George, Chennai-9. 6. The Public Prosecutor, High Court, Madras. + One cc to Mr M.Ravikumar, Advocate SR No.19318 MAB(CO) CGS/25.4.06 HCP. No.116 of 2006 https://hcservices.ecourts.gov.in/hcservices/