IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 17.10.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM and The Hon’ble Mr. Justice S. TAMILVANAN Habeas Corpus Petition No.785 of 2006 Chidambaram ... Petitioner Vs. 1.The State of Tamil Nadu, rep. by the Secretary, Prohibition and Excise Department, Fort St. George, Chennai-9. 2.The District Magistrate and District Collector, Perambalur District, Perambalur. ... 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 Cr.M.P.No.20 of 2006 dated 05.07.2006 and quash the same as illegal and direct the respondents to produce the detenu Mathi @ Mathiyazhagan, Son of Chidhambaram Padayachi, now confined in Central Prison, Tiruchirappalli before this Court and set him at liberty. For Petitioner : Mr.K. Gandhi Kumar 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, who is the father of the detenu by name Mathi @ Mathiyazhagan, who is 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 05.07.2006, challenges the same in https://hcservices.ecourts.gov.in/hcservices/ this Petition. 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 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 NIL was received by the Government on 11.08.2006 and the remarks were called for on 11.08.2006 and the representation of the detenu was received from the Government on 21.08.2006 and the parawar remarks were called for from the Sponsoring authority on 23.08.2006 and the remarks were received from the sponsoring authority on 29.08.2006 and the remarks were received by the Government on 01.09.2006 and the File was submitted on 04.09.2006 and the same was dealt with by the Under Secretary on 04.09.2006 and by the the Deputy Secretary on 05.09.2006 and finally, the Minister for Prohibition and Excise passed orders on 08.09.2006. The rejection letter was prepared on 09.09.2006 and the same was sent to the detenu on 12.09.2006 and served to him on 14.09.2006. As rightly pointed out by the learned counsel for the petitioner, though parawar remarks were called for from the sponsoring authority on 23.08.2006, the remarks were received from the sponsoring authority by the Collectorate only on 29.08.2006 and there is no explanation at all for sending the remarks to the Collectorate belatedly. 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 sending the remarks to the Collectorate 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. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kh https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to Government, State of Tamil Nadu, Prohibition and Excise Department, Fort St. George, Chennai-600 009. 2. The District Magistrate and District Collector, Perambalur District Perambalur. 3. The Superintendent, Central Prison, Tiruchirappalli (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. RNA (CO) km/27.10. HCP. No.785 of 2006 https://hcservices.ecourts.gov.in/hcservices/