SUMITHRA Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 11. 11. 2005, detaining her mother by name Chinnammal as ' Bootlegger' 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 ).

(2.) HEARD learned counsel for the petitioner as well as learned government Advocate for the respondents.

(3.) AT the foremost, learned counsel for the petitioner submitted that there was delay in disposal of the representation of the detenue, which vitiates the ultimate order of detention. In respect of the same, learned Government Advocate has produced the particulars, which show that the representation of the detenue, dated 19. 11. 2005, was received by the Government on 01. 12. 2005 and remarks were called for on 0 2. 12. 2005. The particulars of the Collectorate show that the intimation was received from the Government on 05. 12. 2005 and remarks were, in turn, called for from the Sponsoring Authority on the same day, however, the same were received from the Sponsoring Authority only on 09. 12. 2005, sent to the Government on 10. 12. 2005 and received by it on 12. 12. 2005. The File was dealt with by the Under Secretary Deputy Secretary on 13. 12. 2005. Finally, the Minister for Prohibition and Excise passed orders on 14. 12. 2005. The rejection letter was prepared on 16. 12. 2005 and sent to the Prison for service on the same day and served on the detenue on 19. 12. 2005.