VELU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is clamped with an order of detention dated 3.2.2002 passed by the Collector of Kancheepuram under the provisions of Sub-Section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982).

(2.) Alleging that he is an elected member of the Sembakkam Panchayat Union Council, the meeting of which is convened on 22.8.2002, the petitioner seeks a Writ of Mandamus directing the respondent to permit the petitioner to attend the Council meeting to be held on 22.8.2002 at Sembakkam Panchayat Union Council with police escort from the Central Prison, Chennai and after the meeting he will be lodged at the Central prison, Chennai, on the ground that if the petitioner absents to attend the Council meeting to be held on 22.8.2002 at Sembakkam Panchayat Union Council, he ceases to be the member of the Union Council as per Section 38(j) of the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as `the Act'), which reads as follows:

(3.) In my considered opinion, when the petitioner is detained under preventive detention by a competent authority, namely the first respondent herein, taking into consideration the whole stock of the issue that public order is adversely affected very now and then by the dangerous activities of the petitioner, which are in the opinion of the detention authority prejudicial to the maintenance of public order, it may not be proper for this Court to permit the petitioner to attend the council meeting of Sembakkam Panchayat Union Council to be held on 22.8.2002 on an apprehension that if the petitioner absents to attend the Council meeting to be held on 22.8.2002 at Sembakkam Panchayat Union Council, he ceases to be the member of the Union Council as per Section 38(j) of the Act.