ORDER
P. Sathasivam, J.
1. The petitioner is the wife of the detenu Palanisamy @ Nai Palanisamy, who was detained under the Tamil Nadu Act 14 of 1982 as a “Goonda”. Challenging the same, this Habeas Corpus petition has been filed.
2. Heard the learned counsel for the petitioner as well as the learned Government Advocate on Criminal Side for the respondents.
3. At the foremost, learned counsel for the petitioner has submitted that there was a delay in disposal of the representation of the detenu. The particulars furnished by the learned Government Advocate (Crl. Side) would show that the representation of the detenu was received by the Government on 26.9.2005, the remarks were called for on 27.9.2005, remarks received by the Government on 10.10.2005 and thereafter, the file was dealt with by the Under Secretary on 13.10.2005, the Deputy Secretary on 14.10.2005 and the Minister for Prohibition and Excise passed an order on 14.10.2005. However, the rejection letter was prepared on 20.10.2005. The rejection letter sent to the Superintendent of Central Prison for service on 21.10.2005 and served on the detenu on 25.10.2005. As rightly pointed out by the learned counsel for the petitioner, though the competent authority viz., the Minister for Prohibition and Excise has passed an order on 14.10.2005, rejection letter was prepared only on 20.10.2005. Even if we exclude the intervening holidays, we are of the view that time taken for preparation of the rejection letter is on the higher side and in the absence of proper explanation by the Officer concerned, we hold that the delay has caused prejudice to the detenu in disposal of his representation. On this ground, the detention order is liable to be quashed and accordingly it is quashed.
4. The Habeas Corpus Petition is allowed and the detenu is directed to be set at liberty forthwith from the custody, unless he is required in connection with any other case.