KANTHA Vs. GOVT OF TAMILNADU

JUDGEMENT

(1.) THE petitioner, who is detained as 'goonda' as contemplated under the tamil Nadu Prevention of Dangerous activities of Bootleggers, Drug Offenders, forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video pirates Act, 1982 (Tamil Nadu Act 14 of 1982) by the impugned order of detention dated 12. 08. 2005, challenges the same in this Petition.

(2.) HEARD learned counsel for the petitioner and learned Government advocate for the respondents.

(3.) AT the foremost, learned counsel appearing for the petitioner submitted that there is delay in disposal of the representation of the detenu dated 17. 10. 2005. With reference to the same, learned Government Advocate has placed the details, which show that the representation of the detenu was received by the government on 19. 10. 2005, remarks were called for on 20. 1 0. 2005 and the same were received on 26. 10. 2005. Thereafter, the File was dealt with by the Under secretary and Deputy Secretary on 28. 10. 2005 and finally, the Minster for prohibition and Excise passed orders on 31. 10. 2005. Rejection letter was prepared on 07. 11. 2005 and forwarded to the detenu on the same day and served to him on 09. 11. 2005. By pointing out that though the Minister for prohibition and Excise passed orders on 31. 10. 2005, learned counsel for the petitioner submitted that the Officials are not justified in taking time till 07. 11. 2005 for preparation of the Rejection Letter. In this regard, it is brought to our notice that 01. 11. 2005, 04. 11. 2005, 05. 11. 2005 and 06. 11. 2005 were Government Holidays. If we exclude those days, it cannot be said that the time taken by the Officials for preparation of the Rejection Letter exceeded three days. In such circumstances, we are of the view that there is no undue delay as claimed by the petitioner. Accordingly, we reject the said contention.