IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 13/06/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice V.DHANAPALAN
Habeas Corpus Petition No.234 of 2006
Shanthi ... Petitioner
Vs.
1. The State of Tamil Nadu,
rep. by the Secretary to Government,
Prohibition and Excise Department,
Fort St. George, Chennai-600 009.
2.The District Magistrate
and District Collector,
Thiruvannamalai District,
Tiruvannamalai. ... Respondents
L.......T.......T.......T.......T.......T.......T.......T.......T.......T....J
Petition under Article 226 of the Constitution of India for the issuance of a
Writ of Habeas Corpus directing the respondents to produce the detenue
viz.Thangavel, son of Munswamy Giramani, who is now detained in Central
Prison, vellore in pursuance of the detention order passed by the 2nd
respondent on 21.2.2006 in D.O.No.11/2006-C.2. before this Court, call for
the records, set-aside the order and set the detenu at liberty forthwith.
!For Petitioner : Mr.S.Swamidoss Manokaran
^For Respondents: Mr.M.Babu Muthu Meeran Addl. Public Prosecutor
:O R D E R
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner is the wife of the detenu by name Thangavel , who was detained
as a ”Bootlegger” under Tamil Nadu Act 14 of 1982 by the impugned detention
order dated 21.02.2006, challenges the same in this Petition.
2. Heard learned counsel for the petitioner as well as learned Additional
Public Prosecutor for the respondents.
3. At the foremost, learned counsel for the petitioner submitted that there
is enormous delay in disposal of the representation of the detenu, which
vitiates the ultimate order of detention. With reference to the above claim,
learned Additional Public Prosecutor has placed the details, which show that
the representation of the detenu dated 4 .03.2006 was received by the
Government on 7.03.2006 and remarks were called for on 08.03.2006.
Thereafter, the remarks were received by the Government on 17.03.2006 and the
File was submitted on 20.03.200 6 and the same was dealt with by the Under
Secretary and the Deputy Secretary on 20.03.2006 and finally, the Minister for
Prohibition and Excise passed orders on 21.03.2006. The rejection letter was
prepared on 10.04.2006 and the same was sent to the detenu on 12.4.2006 and
served to him on 15.04.2006. As rightly pointed out by the learned counsel
for the petitioner, though the Minister for Prohibition and Excise passed an
order on 21.03.2006, there is no explanation at all for taking time for
preparation of rejection letter till 10.04.200 6. In the absence of any
explanation by the person concerned even after excluding the intervening
holidays, we are of the view that the time taken for preparation of rejection
letter is on the higher side and we hold that the said delay has prejudiced
the detenu in disposal of his representation. On this ground, we quash the
impugned order of detention.
4. Accordingly, the Habeas Corpus Petition is allowed and the impugned order
of detention is set aside. The detenu is directed to be set at liberty
forthwith from the custody unless he is required in some other case or cause.
To
1. The Secretary to the Government, State of Tamil Nadu,Prohibition and
Excise Department, Fort St.George, Chennai-600 009.
2.The District Magistrate and District Collector, Thiruvannamalai District,
Tiruvannamalai.
3. The Superintendent, Central Prison, Vellore.
(In duplicate for communication to detenu)
4. The Joint Secretary to Government, Public (Law and Order) Fort St.
George, Chennai-9.
5. The Public Prosecutor, High Court, Madras.