LAWS(MAD)-2005-7-29

TR MANI Vs. SECRETARY TO GOVERNMENT

Decided On July 04, 2005
TR. MANI Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) THE detenu, by name Mani challenges the Detention Order dated 15. 02. 2005 detaining him as a Goonda under Tamil Nadu Act 14 of 1982.

(2.) LEARNED counsel for the petitioner at the foremost projected that even though mother of the detenu had sent a representation on 10. 02. 2005 to the Detaining Authority and the same was duly acknowledged, the same was not considered, which shows non-application of mind on the part of the Detaining Authority in passing the impugned Detention Order. In support of his contention, learned counsel has produced copy of the said representation sent to the Commissioner of Police, Chennai (Detaining Authority) and also acknowledgement card by the said authority. Learned counsel has also placed reliance on Division Bench decision of this Court reported in the case of Kali v. State, rep. by Secretary to Government, Prohibition and Excise Department, etc. and another (2002 1 L. W. (Crl) 401 ).

(3.) WE perused the copy of the representation dated 10. 02. 2005 and the receipt evidencing registering a letter on 11. 02. 2005 as well as acknowledgement card duly signed by the addressee (Detaining Authority ).