SEKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER is the father of the detenu by name Venkatesan @ Pavadai venkatesan, who was detained as a Goonda under Act 14 of 1982 by the impugned proceedings dated 25-8-2005. He challenges the same in this petition.

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

(3.) AT the outset, learned counsel for the petitioner submitted that there was delay in consideration of the representation of the detenu. With reference to the same, learned Government Advocate furnished a detailed statement which shows that the representation of the detenu was received on 29-9-2005 along with their remarks. Thereafter, the File was dealt with by Under Secretary and Deputy Secretary to the Government on 30-9-2005 and the Minister for prohibition passed an order on 03-10-2005. However, rejection letter was prepared on 10-10-2005 and the same was sent to the detenu on 10-10-2005 and served on the detenu on 11-10-2005. As rightly pointed out by the learned counsel for the petitioner, though the Minister has passed an order as early as on 03-10-2005, rejection letter was prepared only on 1 0-10-2005. Even if we exclude the intervening holidays, we are of the view that the time taken by the officers for preparation of the rejection letter is on the higher side. In the absence of proper explanation, we hold that the delay has caused prejudice to the detenu in consideration of his representation. On this ground, the impugned order of detention is liable to be quashed.