RANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The District Magistrate and the District Collector, Dharmapuri District, on 25.09.2002 made an order directing the detention of Kattan alias Pachiayappan, male, aged 33 years, under the Tamil Nadu Act 14 of 1982, on the ground that he is a bootlegger whose activities are prejudicial to the maintenance of public health and maintenance of public order.

(2.) The legality of the detention of Kattan alias Pachiayappan has been called into question by his wife in this petition.

(3.) At the outset it was submitted that the order of detention that was made is not lawful as a representation sent by the petitioner on 09.09.2002 after the arrest of Kattan alias Pachiayappan on 23.08.2002 in which she had expressed apprehension that Kattan is likely to be detained under this enactment, has not been considered. In that representation she had also stated that on 23.08.2002 her husband has been arrested in respect of crime No.481/02 and remanded to custody and that bail application filed on his behalf had been dismissed. The further statement made in that representation was that the complaint said to have been given to the Tahsildar in which it has been allegedly stated that the petitioner and her husband had amassed wealth by their bootlegging activities, was not true and that they were living in a rented premises and had not amassed wealth. That representation ended with a prayer to the authority to stop the proposed detention of the said Kattan under the Goondas Act.