CHINNATHAI W/O SOLAIAPPA THEVAR Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE AND SECRETARY TO GOVERNMENT OF TAMIL NADU, PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) The order of detention dated 26.12.2006 under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) on the allegation that the detenu is a Goonda and he is required to be detained for preventing disturbance of maintenance of public order, is in question.

(2.) In the grounds of detention it has been indicated that detenu came to adverse notice in connection with Kovilpatti East P.S. Cr. No. 484/05 dated 21.5.2005, where under the Inspector of Police had submitted information under Section 107 Cr.P.C. In Kovilpatti East P.S. Cr. No. 780 of 2006 wherein the detenu along with six others were alleged to have committed offence under Sections 147, 148, 449, 302 and 506(ii) IPC. While describing the grounds on which detention has been made, it has been indicated that on 9.2.2005 one Velsamy, son of Sollaiappa Thevar was murdered by one Karuppasamy and 5 others due to motive regarding money transaction and Kovilpatti East P.S. Cr. No. 85/05 has been registered under Sections 147, 148, 302 IPC., was registered and chargesheeted and was pending in the court. Because of the aforesaid case, the detenu Solaiappa Thevar and others brutally murdered Karuppasamy (Accused in the above Cr. No. 85/05). For the said incident, Kovilpatti East P.S. Cr. No. 780/06 was registered under Sections 147, 148, 449, 302, 506(ii) IPC against the detenu and others. On 6.12.2006 at 15.30 hrs absconding accused Solaiappa Thevar and Karuppasamy @ Chinnapandi came towards the complainant Murugan with intention to commit murder and each took out one knife and stabbed him on the chest, but such blow was evaded by Murugan. Even though one Chinna Karuppasamy and Velmurugan raised alarm, Solaiappa Thevar and Karuppasamy @ Chinnapandi escaped. On the complaint of Murugan, Kovilpatti East P.S. Cr. No. 781/06 was registered under Sections 307 and 506(ii) IPC on 16.12.2006. P.T. Warrant was issued for his production on 28.12.2006. By committing the above described grave crimes in a busy locality in a business and residential area, he has created an alarm and a feeling of insecurity in the minds of the people and acted in a manner prejudicial to the maintenance of public order. The detaining authority further concluded:

(3.) Subsequently the representation dated 29.1.2007 was rejected by the Minister on 20.2.2007. The rejection letter was prepared on 21.2.2007 and such rejection letter was sent to the detenu (obviously by post) on 26.2.2007.