MUPPIDATHI Vs. DISTRICT REVENUE OFFICER AND DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; SECRETARY TO THE GOVERNMENT, HOME PROHIBITION AND EXCISE DEPARTMENT AND INSPECTOR OF POLICE

JUDGEMENT

(1.) In this writ application challenge is made to an order of the first respondent made in M.H.S. Confdl. No. 104/2008 dated 08.07.2008, whereby the husband of the petitioner namely Mariappan alias Kundumariappan was ordered to be detained under the provisions 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) (hereinafter referred as the Act) terming him as a 'Goonda' as defined under the provisions of the Act.

(2.) The Court heard the learned Counsel for the petitioner also the learned Government Advocate appearing for the State and also looked into all the materials available and in particular the order under challenge.

(3.) It is not in controversy that the said Mariappan alias Kundumariappan was involved in two adverse cases namely in Cr. No. 221/2006 under Section 397 IPC on the file of Suthamalli Police Station and Cr. No. 47/2008 under Sections 341, 294(b), 387 and 506(ii) IPC on the file of Pathamadai Police Station and he was also involved in one ground case registered on 14.06.2008 in Cr. No. 122/2008 under Sections 294(b), 307 and 506(ii) IPC on the file of Suthamlli Police Station. Pursuant to the recommendations made by the sponsoring authority, the detaining authority has recorded his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of the Public Order and hence he has got to be detained under the provisions of the Act by terming him as a 'Goonda'. Accordingly, the order which is the subject matter of challenge before this Court, was made.