MUNUSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The father of the detenu has filed the Habeas Corpus Petition seeking for quashing the Order of detention, dated 15.10.2009, passed by the second Respondent.

(2.) On the recommendation made by the Sponsoring Authority citing one adverse case in Crime No. 127/2008 on the file of Kadambathur Police Station and the ground case in Crime No. 189/2009 on the file of same Police Station, and after looking into the materials available, the second Respondent, the District Collector and District Magistrate, Tiruvallur district, Tiruvallur, formed an opinion that the detenu was to be termed as 'Sand Offender' since his activities are prejudicial to the maintenance of public order as contemplated under Section 2(k) of the Tamil Nadu Act 14 of 1982 and in order to prevent him from indulging in such activities in future, the Order of detention, dated 15.10.2009, was passed. The said Order is under challenge in this petition.

(3.) Though several grounds have been raised in the petition, Mr. R. Sankarasubbu, learned Counsel appearing for the Petitioner, mainly relies on the following two grounds: