High Court Madras High Court

Kannage vs The District Magistrate And … on 24 June, 2004

Madras High Court
Kannage vs The District Magistrate And … on 24 June, 2004
Author: P Dinakaran
Bench: P Dinakaran, N Kannadasan


ORDER

P.D. Dinakaran, J.

1. The petitioner is the mother of the detenu by name Kannan alias Thadi Kannan, who had been incarcerated by the order of detention dated 24.2.2004 passed by the first respondent herein, under Section 3(2) of the National Security Act, 1980 (Central Act 65 of 1980).

2. Pending the above writ petition, the Government by G.O.Ms.No.274, 23.3.2004, revoked the order of detention and the said Government Order reads as follows:-


   

 PROHIBITION AND EXCISE (XI) DEPARTMENT 

  G.O.Ms.No.274                              Dated:23/3/2004
                                                 Read:

 

 1.From the District Collector & District Magistrate, Cuddalore District, Detention Order Ref.C4/12290/2004 dated 18.2.2004. 
 

 2.G.O.Ms.No.203, Public (Law&Order-F) Dept. Dated 27.02.2004.  
 

 3.From the Chairman, Advisory Board, (NSA), Chennai Opinion dated 12.03.2004 received by the Government on 17.03.2004.   

 

 ORDER: 

 

1. The grounds of detention of Thiru Kannan @ Thadi Kannan, S/o Thiru.Jayaraman, the report of the detaining authority to the Government and the connected records were placed before the Advisory Board under Section 10 of the National Security Act, 1980 (Central Act 65 of 1980).

2. The Advisory Board (NSA) after considering the grounds of detention, the report of the detaining authority to the Government, the written representation of the detenu dated Nil received through the Government, the affidavit representation of one Thiru.Jayaraman on behalf of the detenu dated 10.03.2004 with enclosure presented in person by the detenu at the time of personal hearing on 12.03.2004 and the connected records and also after hearing the oral representation of the detenu and his mother Tmt.Kannaki at the time of personal hearing on 12.03.2004 has expressed its unanimous opinion that there is no sufficient cause for the detention of Thiru.Kannan @ Thadi Kannan, S/o Thiru.Jayaraman, under the National Security Act, 1980. Therefore, in exercise of the powers conferred under sub-section (2) of Section 12 of the National Security Act, 1980 (Central Act 65 of 1980), the Governor of Tamil Nadu hereby revokes the order of detention made by the District Collector and District Magistrate, Cuddalore District in his order first read above against Thiru.Kannan @ Thadi Kannan, S/o Thiru Jayaraman and directs that he be released from detention under the National Security Act, 1980 forthwith unless he has been detained under any other law or is serving any sentence having been convicted by any Court.”

3. In that view of the matter, the writ petition is dismissed as infructuous.