Boopathi, v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD)No.1180 of 2016 Boopathi : Petitioner Vs.
1.The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2.The District Collector and District Magistrate, Office of the District Magistrate and District Collector, Pudukottai District, Pudukottai.
3.The Superintendent of Prison, Tiruchirappalli Central Prison, Tiruchirappalli District.
: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to call for the entire records, connected with the detention order of the respondent No.2 in P.D.O.No.12/2016, dated 12.08.2016 and quash the same and direct the respondents to produce the detenu by name Boopathi, son of Ayyappan, aged about 24 years detained in Tiruchirappalli Central Prison before this Court and set him at liberty forthwith.
For Petitioner : Mr.R.Alagumani For Respondents : Mr.C.Mayilvahana Rajendran, Additional Public Prosecutor *********
ORDER
****** [Order of the Court was made by R.SUBBIAH, J] The petitioner is the detenu - Boopathi, Son of Ayyappan, aged about 24 years. The detenu has been detained by the second respondent by his order in P.D.O.No.12/2016, dated 12.08.2016, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982.
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2. Though the detention order is sought to be assailed on several grounds, the learned counsel for the petitioner mainly relies on the contention that the Detaining Authority, while arriving at the subjective satisfaction to detain the detenu as Goonda, has not mentioned about the bail order granted in similar case and he has also not dealt with the likelihood of the detenu coming out on bail, which shows that the Detention Order was passed with total non-application of mind.
3. We find some force in the above said submission made by the learned counsel for the petitioner, because, non-mentioning of the relevant details to detain the detenu as Goonda under the provisions of Tamil Nadu Act 14 of 1982, would vitiate the order of detention. Therefore, on that ground, we are inclined to set aside the order of detention.
4. In the result, this Habeas Corpus Petition is allowed and the impugned Detention Order, passed by the second respondent, in his proceedings in P.D.O.No.12/2016, dated 12.08.2016, is quashed. The detenu, namely Boopathi, Son of Ayyappan, aged about 24 years, is ordered to be set at liberty forthwith, if he is not required for detention in connection with any other case. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar SML To 1.The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2.The District Collector and District Magistrate, Office of the District Magistrate and District Collector, Pudukottai District, Pudukottai.
3.The Superintendent of Prison, Tiruchirappalli Central Prison, Tiruchirappalli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.
GJM/MP/VR/31.1.17-2P-5C Order made in H.C.P.(MD)No.1180 of 2016 Dated: 12.01.2017 https://hcservices.ecourts.gov.in/hcservices/