SEKAR @ SEKKILI Vs. GOVERNMENT OF TAMIL NADU, REP BY SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT AND THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) This Writ Application challenges the order of the second respondent made in Cr.M.P. No. 14/2008 dated 28.4.2008 whereby the petitioner was ordered to be detained 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) branding him as a "Goonda".

(2.) The Court heard the learned Counsel appearing for the petitioner and looked into all the materials available including the order under challenge.

(3.) Pursuant to the recommendation made by the sponsoring authority that the detenu was involved in two adverse cases and in one ground case in Crime No. 191/2008 under Section 397 IPC registered by velayuthamPalayam Police Station for the incident that took place on 8.4.2008 as stated in the order of detention, after scrutiny of the materials available, the detaining authority recorded his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order and that he should be detained as a "Goonda" and accordingly, made the order of detention, which is the subject matter of challenge before this Court.