K PARVATHY Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution, challenge is made to the order of the 2nd respondent, dated 28.11.2009, whereby one Thangapandi, son of the petitioner, was ordered to be detained under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982, branding him as a "Goonda'.

(2.) The affidavit and the materials filed in support of the petition, in particular the order under challenge, are looked into. The Court heard the learned counsel for the petitioner.

(3.) It is not in controversy that pursuant to the recommendations made by the Sponsoring Authority that the said Thangapandi was involved in seven adverse cases, as detailed below, Sl.No.Police Station & Crime NumberProvisions of law 1.Thirunagar Police Station U/s.379 IPC Cr.No.547/09 2. Thirupparankundram Police Station U/ss.457 & 380 IPC Cr.No.399 of 2009 3.Nagamalaipudukkottai Police Station U/s.380 IPC Cr.No.384/09 4.Thirunagar Police Station Cr.No.592/09U/s.392 IPC 5.Thirupparankundram Police Station U/s.457, 380 IPC Cr.No.425/09 6.Thirunagar Police Station Cr.No.603/09U/s.392 IPC 7.Thirunagar Police Station Cr.No.604/08U/s.392 IPC and also in the ground case in Crime No. 611/2009, registered under Section 392 IPC on the file of Thirunagar Police Station for a crime that had taken place on 15.10.2009, in which he was arrested on the very day and remanded to judicial custody on the next day, on scrutiny of the materials placed before him, the detaining authority, the 2nd respondent herein, after recording his subjective satisfaction that the alleged detenu was so acting in a manner prejudicial to the maintenance of public order, branded him as a "Goonda" and ordered him to be detained under Tamil Nadu Act, 14 of 1982, which is the subject matter of challenge before the Court.