T SATYANARAYANA MURTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the father-in-law of one Vijaya Bhaskar, who has been clamped an order of detention second respondent herein, as the said authority arrived at the subjective satisfaction that the said detenu is a Slum Grabber and he has to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) 1. The order of detention dated 25. 7. 2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 481 of 2007 on the file of R1, Mambalam Police Station for the offences punishable under Sections 120 (b), 343, 365, 380, 386, 452, 468, 308 and 506 (2) IPC given by one Vidhya. On 1. 6. 2007, at about 5. 30 pm, the detenu, along with his associate, went to the house of Dr. Chandrika Iyer and kidnapped her by making her unconscious and kept her in his custody. One Vidhya, daughter of Dr. Chandrika Iyer's sister found her aunt missing, gave a complaint before the Sub Inspector of Police, R1, Mambalam Police Station. In the meanwhile, the detenu took the death certificates of Dr. Chandrika Iyer's father and mother and obtained legal heir certificate as if his aunt Pappayammal @ Miss Iyer is Dr. Chandrika Iyer. Thereafter, he applied for change of property in the name of his aunt. Hence, the survey officials went to measure the land, where they were informed by the neighbours about the missing of Dr. Chandrika Iyer. The survey officials informed R1 Mambalam Police Station about the issuance of legal heir certificate and the application for issue of patta in the name of Pappayammal. On 6. 6. 2007 at 6. 30 pm, coming to know about the action of the police, left Dr. Chandrika Iyer at Jagadeeswaran Street and threatened her not to inform anything to Police. Thereafter, Dr. Chandrika Iyer, along with Vidhya, went to R1 Mambalam Police Station and gave a statement. On the same day, at about 10 pm, the detenu was arrested.

(3.) CHALLENGING the said detention, the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records relating to the detention order made in D. O. No. 344 of 2007, dated 25. 7. 2007 passed by the second respondent herein, to quash the same and to direct the respondent to produce the detenu, now detained in Central Prison, Puzhal, Chennai and to set him at liberty.