IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24/04/2006
CORAM
THE HON'BLE MR. JUSTICE P.SATHASIVAM
and
THE HON'BLE MR. JUSTICE J.A.K.SAMPATHKUMAR
Habeas Corpus Petition No.137 of 2006
Kala Duraipandian Petitioner
-Vs-
1. The Secretary
to the Government
of Tamil Nadu,
Prohibition and
Excise Department.,
Fort St. George,
Madras 600 009.
2. The District Magistrate and
District Collector,
Pudukottai District,
Pudukottai. Respondents
PRAYER : Writ Petition under Article 226 of the Constitution of India seeking
to issue a Writ of Habeas Corpus calling for the records relating to the
detention order in Ref. No.P.D.O.No.15/2005 dated 4.1 2.2005 passed by the
second respondent and quash the same and further directing the respondents to
produce the body of the person of the detenu namely Duraipandian son of
Sivaperumal before this Honourable Court, who is now detained under Act
14/1982 and confined at the Central Prison, Tiruchirapalli and set him at
liberty.
!For Petitioner : Mr.AR.L.Sundaresan
^For Respondents : Mr.M.K.Subramanian,
Government Advocate (Crl. Side)
:ORDER
(Order of the court was made by P.SATHASIVAM, J.)
Petitioner is the wife of the detenu. She challenges the detention
order Ref. No.P.D.O.No.15/2005 dated 4.12.2005 passed by the second
respondent.
2. Heard both sides. At the foremost, the learned counsel for the
petitioner submitted that there is delay in disposal of the representation
which vitiates the detention order.
3. The particulars furnished by the learned Government Advocate show
that the representation was received by the Government on 14.12.2005 .
Remarks were called for on 19.12.2005. Remarks were received on 2.1.2006.
The Under Secretary and the Deputy Secretary dealt with the file on 3.1.2006.
Finally, the Minister for Prohibition and Excise passed order on 4.1.2006 and
rejection letter was prepared on 5.1.2006 and it was sent to the detenu on
6.1.2006 which was served on 11.1.2006.
4. As rightly pointed out by the learned counsel for the petitioner,
though the office of the Collectorate received the representation from the
Government 21.12.2005, remarks were called from the Sponsoring authority on
23.12.2005 and remarks were received from the Sponsoring Authority by the
Collectorate on 26.12.2006, having received the materials/information, it is
not clear as to why the office of the Collectorate kept those materials till
31.12.2005. Only on the fifth day, the office of the Collectorate sent the
report to the Government for necessary action. In the absence of proper
explanation by the person concerned for taking time from 26.12.2005 to
31.12.2005, we hold that the delay is on the higher side which, ultimately,
vitiates the order of detention. On this ground, the detention order is
quashed.
5. Accordingly, the Habeas Corpus Petition is allowed and the
impugned order of detention is quashed. The detenu is directed to be set at
liberty forthwith from the custody unless he is required in some other case or
cause.
ssk.
To
1. The Secretary to Government,
State of Tamil Nadu,
Public (SC) Department,
Fort St. George,
Chennai-600 009.
2. The District Magistrate and
District Collector,
Pudukottai District, Pudukottai.
3. The Superintendent, Central Prison,
Tiruchirapalli.
4. The Public Prosecutor, High Court,
Chennai-600 104.