LAWS(MAD)-2012-12-302

AYYAVU Vs. SECRETARY TO THE GOVERNMENT

Decided On December 05, 2012
AYYAVU Appellant
V/S
DISTRICT MAGISTRATE AND DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 03.09.2012, made in C.M.P.No.23 of 2012, and quash the same, and to produce the detenu, namely, Udhaya @ Udhayakumar, aged 24 years, son of Ayyavu, confined in the Central Prison, Madurai, before this Court and to set him at liberty.

(2.) THE petitioner has stated that the second respondent had passed the impugned detention order, dated 03.09.2012, under sub-section (1) of Section 3 of 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. (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D) No.120 Home, Prohibition & Excise (XVI) Department, dated 18.7.2012 under sub-section (2) of Section 3 of the said Act, directing the detention of Thiru.Udhaya @ Udhayakumar, in the Central Prison, Madurai, terming him as a 'Goonda'.

(3.) IT has also been pointed out that the representation made on behalf of the detenu, dated 11.9.2012, was received, on 17.9.2012, and the remarks were called for, on 18.9.2012. The remarks had been received, only on 27.9.2012, after a delay of 9 days, out of which 3 days i.e. 19.09.2012, 22.09.2012 and 23.09.2012 were government holidays. As such, there has been an actual delay of 6 days in dealing with the representation made on behalf of the detenu.