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Judgment
P. Sathasivam, J.—The petitioner by name Raja @ Sesu Raja, challenges the impugned order of detention dated 30.04.2005, detaining him
as ""Goonda"" u/s 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral
Traffic Offenders and Slum Grabbers Act, 1982 (in short ""Tamil Nadu Act 14 of 1982"").
Heard both sides.
Even at the foremost the learned counsel for the petitioner submitted that there was inordinate delay in considering the representation of the
detenu, which vitiates the ultimate order of detention. With reference to the said claim the learned Government Advocate has placed details, which
show that the representation of the detenue dated Nil was received by the Government on 14.06.2005 and remarks were called on 15.06.2005,
reminders were sent on 21.06.2005 and 27.06.2005; remarks were received on 27.06.2005. After receipt of the remarks, the same was dealt
with by the Under Secretary and the Deputy Secretary on 28.06.2005; order was passed by the Minister for Prohibition and Excise on
29.06.2005, rejection letter was prepared on 06.07.2005; the same was sent to the detenu on 07.07.2005 and the rejection letter was served on
the detenu only on 09.07.2005. As rightly pointed out though remarks were called for on 15.06.2005, remarks were received only on 27.06.2005
and the concerned Minister has passed an order on 29.06.2005, there is no explanation or reason for receiving remarks after 13 days and after
getting orders from the concerned Minister on 29.06.2005 the same was not forwarded to the detenu till 09.07.2005. In the absence of any
explanation, we hold that the delay between 15.06.2005 and 27.06.2005 as well as 29.06.2005 to 09.07.2005 are enormous. On this ground, the
impugned detention order is vitiated and the same is quashed; accordingly, this petition is allowed. The order of detention impugned in the petition
is set aside and the detenu is directed to be set at liberty forthwith from the custody unless he is required in connection with any other case.