CHANDRAKALA Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) This Writ Application challenges an Order of Detention of the second respondent made in Detention Order No.3/2010/C3 in TPDA 4376, dated 04.01.2010 whereby the husband of the petitioner, by name, Powndurai, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Boot-Leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "Sand Offender".

(2.) The Court heard the learned counsel appearing for the petitioner and looked into all the materials available, in particular, the order under challenge.

(3.) The Cumbum South Police registered a case in Crime No.598/2009 under Section 21(4) of Mines and Minerals Development and Regulation Act 1957 r/w 36 A(1) of Miner and Minerals Concession Rule 1959 and 3 of TNPP(T) &(L)Act and 379 IPC against the detenue on 23.12.2009 when he was found in possession of the material objects along with the sand. It is not in controversy that pursuant to the recommendation made by the sponsoring authority that the detenu had indulged in theft of sand, the detaining authority on scrutiny of the materials, had recorded its subjective satisfaction that the detenu had indulged in the activities which were likely to cause danger to the public order and public tranquility and also cause extensive damage to the public properties, he was to be termed as a "Sand Offender" and accordingly, made the order under challenge.