IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 29.08.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM and The Hon’ble Mr. Justice S.MANIKUMAR H.C.P. No.547 of 2006 Rajendran ... Petitioner Vs. 1.The State Government rep. by the Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai-9. 2.The District Magistrate and District Collector, Krishnagiri District, Krishnagiri. ... 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 detention order dated 08.04.2006 passed in proceedings S.C.No.4/2006 by the second respondent herein and quash the same and to produce the petitioner viz., Rajendran now confined at Central Prison, Salem before this Court and set him at liberty. For Petitioner : Mr.S.Pushpakaran 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 by name Rajendran, 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 08.04.2006, challenges the same in this Petition. https://hcservices.ecourts.gov.in/hcservices/ 2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor 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 Additional Public Prosecutor has placed the details, which show that the representation of the detenu dated 06.05.2006 was received by the Government on 11.05.2006 and the remarks were called for on 12.05.2006. The representation of the detenu was received from the Government by the Collectorate on 16.05.2006 and parawar remarks were called for from the Sponsoring authority on 22.05.2006 and the remarks were received from the sponsoring authority on 07.06.2006 and report was sent to the Government on 14.06.2006. In the mean time, the remarks were received by the Government on 19.06.2006 and the File was submitted on 21.06.2006 and the same was dealt with by the Under Secretary and the Deputy Secretary on 21.06.2006 and finally, the Minister for Prohibition and Excise passed orders on 22.06.2006. The rejection letter was prepared on 23.06.2006 and sent to the detenu on the same day and served to him on 26.06.2006. As rightly pointed out by the learned counsel for the petitioner, though parawar remarks were called for from the sponsoring authority on 22.05.2006, the remarks were received from the sponsoring authority by the Collectorate only on 07.06.2006 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. mmi 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, Krishnagiri District, Krishnagiri. 3. The Superintendent, Central Prison, Salem. (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. HCP. No.547 of 2006 BV (CO) kk 12/9 https://hcservices.ecourts.gov.in/hcservices/