Tmt. Krishna Latha v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1028 of 2015 Krishna Latha ..Petitioner Vs.

1.The State of Tamilnadu represented by its Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009.

2.The District Collector and District Magistrate, Nagercoil, Kanyakumari District. ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to call for the records relating to order passed by 2nd respondent dated 19.06.2015 in P.D.No.25/2015 and consequential orders and quash the same and direct the respondents to produce body of petitioner's husband, Rajan, aged 45 years, S/o.Rangasami, Madachery Puthen Veedu, Pudhukadai, Pudhukadai Post, Pudhukadai Village, Vilavancode Taluk, Kanyakumari District, now confined in Central Prison, Palayamkottai before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Dilip Kumar For Respondents : Mr.T.Mohan Additional Public Prosecutor.

O R D E R

********** [Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the wife of the detenu Mr.Rajan, aged 45 years. He has been detained under the Tamil Nadu Act 14 of 1982, as per the order of the second respondent in Detention Order in P.D.No.25/2015, dated 19.06.2015, branding him as a "Goonda". Challenging the same, the petitioner is before this Court with this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the State.

3. Though several grounds have been raised in this petition, the learned counsel for the petitioner would focus his argument only on the ground that there was total non-application of mind on the part of the Detaining Authority, while passing the Detention Order. According to him, though there is a reference about the earlier Detention Order passed against the detenu in P.D.No.17 of 2011, dated 20.07.2011, the same was https://hcservices.ecourts.gov.in/hcservices/

not placed before the Detaining Authority. The learned counsel would further submit that the said detention order was quashed by this Court and that fact has also not brought to the notice of the Detaining Authority.

4. The learned Additional Public Prosecutor is not in a position to dispute in the above fact.

5. We have considered the above submissions.

6. In our considered view, since these materials mentioned in para No.3 of this order were not placed before the Detaining Authority, without knowing the fact relating to the order in P.D.No.17/2011 and the reasons for the quashing of the said order, the Detaining Authority has passed this Detention Order. This shows the total non-application of mind on the part of the Detaining Authority. In such view of the matter, the detention order is liable to be set aside.

7. In the result, this Habeas Corpus Petition is allowed and the impugned Detention Order, passed by the second respondent, in his Detention Order in P.D.No.25/2015, dated 19.06.2015, is quashed. The detenu, namely, Rajan, aged 45 years, S/o.Rangasami, is ordered to be set at liberty forthwith, if he is not required for detention in connection with any other case.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To

1. THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE (XIV) DEPARTMENT, SECRETARIAT, CHENNAI - 600 009.

2. THE JOINT SECRETARY TO GOVT., PUBLIC (LAW & ORDER) DEPT., FORT ST.GEORGE, CHNENNAI-9.

3. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NAGERCOIL, KANYAKUMARI DIST.

4. THE DIRECTOR GENERAL OF POLICE, CHENNAI.

5. THE COMMISSIONER OF POLICE, TIRUNELVELI.

6. THE SUPERINTENDENT OF PRISON, PALAYAMKOTTAI CENTRAL PRISON, TIRUNELVELI DISTRICT.

(in duplicate for communicate to detenu)

7. THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to Mr.N.Dilipkumar, Advocate in SR.62915 H.C.P(MD)No.1028 of 2015 pjl 28.10.2015 PBK/GSV-PM/SAR-II 04/11/2015 ::2P-10C::

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