C. CHITHAMBARA SELVI Vs. STATE OF TAMIL NADU REP. BY ITS SECRETARY, PROHIBITION & EXCISE DEPT., FORT ST. GEORGE, MADRAS

JUDGEMENT

(1.) The petitioner is the wife of Kappal @ Karthikeyan who has been detained as a Goonda under Tamil Nadu Act 14 of 1982 in pursuance of an order of detention dated 16.5.98 passed by the Second respondent, the District Magistrate and District Collector, Tirunelveli District, Tiranelveli with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

(2.) We do not deem it necessary to narrate the facts in detail which led to passing of the impugned order of detention, for this Habeas Corpus Petition will have to be allowed on the short ground of non-application of mind on the part of the detaining authority. In the grounds of detention, the detaining authority in paragraph-6 has stated as follows:

(3.) The impugned order of detention is set aside and the detenu is directed to be set at liberty forthwith, unless his detention is otherwise required. The Habeas Corpus Petition is allowed. HCP allowed.