LAWS(MAD)-2020-8-76

SATHISHKUMAR Vs. STATE OF TAMIL NADU

Decided On August 04, 2020
SATHISHKUMAR Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Heard Mr.S.Deenadayalan, learned counsel for the petitioner and Mr.V.Neelakandan, learned Additional Public Prosecutor for the respondents and perused the materials available on record.

(2.) This habeas corpus petition has been filed by the detenu, namely, Sathishkumar, son of Shanmugavel, aged about 21 years, against the detention order passed by the second respondent, in P.D.No.55/2019, dated 26.12.2019, branding him as "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act, 14 of 1982.

(3.) It is submitted by Mr.S.Deenadhayalan, learned counsel for the petitioner that though the detention order has been assailed on several grounds, it is liable to be set aside on the ground of non application of mind on the part of the Detaining Authority and failure to intimate the arrest of the detenu in the ground case. According to the learned counsel for the petitioner, non-intimation of arrest would seriously affect the valuable rights of the detenu to make effective representation to the Authorities concerned for revocation of the detention order.