THANGAM Vs. STATE REPRESENTED BY THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE AND THE SECRETARY, GOVERNMENT OF TAMIL NADU, PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) In this writ application challenge is made to an order of the first respondent made in M.H.S.Confdl. No. 118/2008 dated 31.07.2008, whereby Mariappan, the husband of 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) (hereinafter referred as the Act) terming him as a 'Goonda' as defined under the Act.

(2.) The Court heard the learned Counsel for the petitioner and also looked into all the material in particular the order under challenge and also the counter filed by the State.

(3.) It is not in controversy, pursuant to the recommendations made by the sponsoring authority that the detenu was involved in Cr. No. 708/2008 for the offence under Sections 353, 307, 379 IPC and 132 read with 177 Motor Vehicle Act; in Cr. No. 714/2008 for the offence under Section 379 IPC; in Cr. No. 722/2008 for the offence under Section 379 IPC; in Cr. No. 723/2008 for the offence under Section 379 IPC, all the four adverse cases are registered on the file of Tenkasi Police Station and apart from this he was also involved in Cr. No. 311/2008 for the offence under Sections 294(b), 323, 324 and 506(ii) IPC on the file the Courtallam Police Station which was shown as ground case, the detaining authority looked into all the materials available and made the order of detention after recording his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of the public order and circumstances would warrant for detaining him under the Act and thus, the authority has made the order under challenge, which is the subject matter of challenge before this Court.