SELVAM Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT; DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition challenges the order of the second respondent respondent dated 28.06.2008 made in P.D.O. No. 24/2008, whereby Durai @ Panchadurai brother of the petitioner was ordered to be detained under the Tamil Nadu Act 14 of 1982, by terming him as 'GOONDA'.

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

(3.) Consequent upon the recommendations made by the sponsoring authority that the detenu Durai @ Panchadurai was involved in six adverse cases viz. (i) Crime No. 106 of 2006 by the Thiruvonam Police Station (ii) Crime No. 92 of 2007 by Pattukkottai Police Station (iii) Crime No. 37 of 2007 by Thiruvonam Police Station (iv) Crime No. 113 of 2007 by Pattukkottai Police Station (v) Crime No. 115 of 2007 by Keeramangalam Police Station and (vi) Crime No. 5 of 2008 by Karambakudi Police Station under Sections 379 and 75 I.P.C. and apart from the six adverse cases, he is also involved in the ground case in Crime No. 131 of 2008 by Vadakadu Police Station under Section 392 I.P.C., the detaining authority after looking into the materials available pertaining to all the above cases took the view that the activities of the detenu were prejudicial to the maintenance of the public order and hence he was to be detained by terming him as 'GOONDA', and accordingly made the order, which is the subject matter of challenge before this Court.