LAWS(MAD)-1998-2-227

SIVA Vs. STATE OF TAMIL NADU

Decided On February 23, 1998
SIVA Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE Petitioner has been detained as a 'Boot -legger' under Tamil Nadu Act 14 of 1982 in Pursuance of an order of detention dated 27.9.97 passed by the second Respondent/District Magistrate & Collector Vellore District, Sathuvachari, Vellore with a view to preventing him from acting in any manner. prejudicial to the maintenance of public order and Public health.

(2.) WE do not deem it necessary to narrate the facts in detail which led to the passing of the impugned order of detention, for this Habeas Corpus Petition will have to be allowed on a short ground of non application of mind on the part of the Detaining Authority.

(3.) IN the Counter filed by the District Magistrate and Collector of Vellore District, he has stated as follows: