KARUNAKARAN Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, PUBLIC (LAW AND ORDER)-F DEPARTMENT, GOVERNMENT OF TAMIL NADU; THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR; THE SUPERINTENDENT OF PRISON, MADURAI CENTRAL PRISON AND; THE SECRETARY, ADVISORY BOARD

JUDGEMENT

(1.) In this writ application challenge is made to the order passed by the second respondent in Cr. M.P. No. 9/2008 dated 25.06.2008, whereby Tools Mari @ Santhanamari, the son of the petitioner herein, 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'.

(2.) The court heard the learned Counsel for the petitioner and looked into all the materials available and also the counter affidavit filed by the State.

(3.) Concededly, pursuant to the recommendations made by the sponsoring authority that the petitioner was involved in a case in Cr. No. 501/2004, for the offence under Section 379 IPC; in Cr. No. 583/2004, for the offence under Sections 457 and 380 IPC; in Cr. No. 361/2005, for the offence under Section 307 IPC; in Cr. No. 129/2008, for the offence under Sections 341 and 307 IPC and in Cr. No. 130/2008, for the offence under Sections 387 and 506(ii) IPC, all the case are registered on the file of Thiruppuvanam Police Station, which were shown as adverse cases and he was also involved in Cr. No. 131/2008 on the file of Thiruppuvanam Police Station for the offence under Section 307 IPC, which was shown as ground case, the detaining authority after looking into all the materials available recorded his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of the Public order and hence there arises a necessity to pass an order of detention by terming the detenu as a 'Goonda' as termed under the provisions of the Act and accordingly passed the order, which is the subject matter of challenge before this Court.