(1.) This Writ Petition challenges the order of the second respondent made in M.P. No. 21/2008 dated 26.6.2008 whereby the order of the detention was passed under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Boot-Leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) against the detenu terming him as a "Goonda", who is the brother of the petitioner herein.
(2.) Affidavit filed in support of the petition along with the Counter Affidavit filed by the State is perused. The Court heard the learned Counsel for the petitioner and also the learned Additional Public Prosecutor appearing for the State.
(3.) Admittedly, pursuant to the recommendation made by the sponsoring authority that the detenu was involved in two adverse cases viz., in Crime No. 135/2007 under Sections 302, 342, 366 r/w 120(b) IPC registered in Thanjavur Boothalur Police Station and in Crime No. 70/2008 under Sections 387 and 506(ii) IPC registered in Tiruchirappalli Ramjee Nagar Police Station and in one ground case in Crime No. 62/2008 under Sections 147, 148, 452, 302 IPC and later altered into 147, 148, 452, 302 r/w 12(b) IPC, the detaining authority, the second respondent herein, after recording his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, made the order under challenge that the detenu should be detained under the provisions of the Act 14 of 1982 terming him as a "Goonda" as defined under the Act.