S CHINNATHAMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS habeas corpus petition has been filed for issuance of writ of habeas corpus, to call for the records pertaining to the order of detention dated 30.11.2005 passed by the second respondent in HS(M)Confdl.No.51/2005 and to quash the same.

(2.) THE facts giving rise to the filing of this habeas corpus petition as stood exposited from the averments in the affidavit of the petitioner accompanying the petition and other related papers annexed there with, including the arguments submitted on the side of the learned counsel for the petitioner, could be portrayed thus: Chinnathambi, the petitioner herein is the father of the detenu Joseph aged 20 years who is under detention as per the second respondent's order dated 30.11.2005 ever since 1.12.2005. THE order of detention was passed by the second respondent without application of mind. THE detenu did not indulge in any activities prejudicial to the maintenance of public order and public health. THE family members of the detenu were not informed by the detaining authority and hence the order of detention is vitiated. THE detenu is confined in the central prison Palayamkottai based on such order. THE detenu's father's representation to the second respondent was not responded to by the latter. Accordingly he prayed for quashing the order of detention.

(3.) WHILE advancing the arguments, the learned Advocate for the petitioner would draw the attention of this Court relating to the fact of the detaining authority himself having passed a corrigendum dated 08.12.2005 issued relating to the detention order dated 30.11.2005. In the detention order in the last paragraph, it is stated as under: "I hereby direct that the said Thiru. Jeseph, aged 19/05 S/o.Chinnathambi, 6/324, Ganapathy Nagar, Thalamuthu Nagar, Thoothukudi, Thalamuthu Nagar P.S.Limit, Thoothukudi, Thoothukudi South P.S.Limits, Thoothukudi Taluk, Thoothukudi District, is a "Goonda" (emphasis supplied)