LAWS(MAD)-2014-7-328

MAHALAKSHMI W/O SOUNDAR @ ELAVA Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; STATE; INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION

Decided On July 09, 2014
MAHALAKSHMI W/O SOUNDAR @ ELAVA Appellant
V/S
DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; STATE; INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION Respondents

JUDGEMENT

(1.) The petitioner, who is the husband of the detenu Soundar @ Elava, branded as 'Goonda' in detention order in No.M.H.S.Confdl.No.02/2014, dated 02.01.2014 by the District Collector and District Magistrate, Tirunelveli District, has sought for a writ of Habeas Corpus Petition.

(2.) The Detenu has came to the adverse notice of the police in two cases. The first case has been registered against him in Cr.No.172/2013 on the file of Thevarkulam Police Station for the offences under Sections 294(b) and 506(ii) IPC and the second case has been registered in Cr.No.440/2013 on the file of Manur Police Station, for the offences under Sections 294 (b), 307 and 506(ii)IPC. The two adverse cases are under investigation, when the order of detention was passed. Ground case has been registered on 11.11.2013 on the file of Thalaiyuthu Police Station in Crime No.320/2013 under Sections 294(b), 387 and 506(ii) IPC, in which he has been remanded.On being satisfied that the Detenu is habitually indulging in activities, affecting the public Order, the Detaining Authority has clamped the Detention Order on the Detenu. At paragraph 6, the Detaining Authority has concluded as follows:

(3.) Challenging the Impugned Order, though the learned counsel for the petitioner inter alia has raised many contentions, We do not propose to go into all the grounds of challenge, since in our considered view, the point urged by the learned counsel for the petitioner that there was a delay in consideration of the representation merits acceptance.