A.Mugundan, v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM A.Mugundan ..

Petitioner vs

1. The State of Tamil Nadu Rep. by its Secretary to Government Department of Home Affairs / Prohibition & Excise, St. George Fort, Chennai.

2. The Director General of Police Dr.Radhakrishnan Salai Mylapore, Chennai.

3. The Superintendent of Police Kancheepuram District.

4. Mr.Balu ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus, forbearing the respondents from passing orders against our trade union office bearer A.K.Siva son of Late Kasi aged about 35 years, having office at No.110, N.S.K.Salai, Kodambakkam, Chennai from detaining him under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1982 (Act 14 of 1982).

For the Petitioner : Mr.T.Mohan for Mr.S.Parthasarathy For the Respondents : Mr.P.Kumaresan Additional Advocate General assisted by Mr.J.Arunkumar Additional Government Pleader for respondents 1 to 3 Not ready in notice for respondent 4

ORDER

The relief sought for in the present writ petition is to forbear the official respondents from passing orders against the trade union office bearer one A.K.Siva, S/o Late Kasi, having office at No.110, N.S.K.Salai, Kodambakkam, Chennai from detaining him under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1982 (for brevity, the Act 14 of 1982).

2. During the relevant point of time, based on certain apprehension that the petitioner was proposed to be detained by the competent authorities,

the writ petition was instituted and an interim order was granted forbearing the respondents from invoking Act 14 of 1982. On account of efflux of time, very specifically after a lapse of about eight years, such apprehension cannot be a ground to grant the relief to forbear the respondents from invoking the provisions of the Act.

3. Whether to invoke the provisions of the Act or not must be based on the provisions of the Act and the facts involved in the case. Therefore, no further adjudication needs to be undertaken and consequently, the writ petition stands closed. There will be no order as to costs. 13.03.2023 Index : Yes/No Neutral Order:Yes/No drm

To:

1. The Secretary to Government The State of Tamil Nadu Department of Home Affairs / Prohibition & Excise, St. George Fort, Chennai.

2. The Director General of Police Dr.Radhakrishnan Salai Mylapore, Chennai.

3. The Superintendent of Police Kancheepuram District.

S.M.SUBRAMANIAM,J.

(drm) 13.03.2023 (1⁄2)