RAJESWARAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who is cousin brother of the detenu, Kumar @ D. Muthukumar, son of Dharmar, who was incarcerated by order dated 27. 3. 2007 of the second respondent under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a Sand Offender, has preferred this writ petition for issue of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 27. 3. 2007 in Cr. M. P. No. 14/2007 against the petitioner's cousin brother, Kumar @ D. Muthukumar, son of Dharmar, now confined at Central Prison, Madurai, to set aside the same and to direct the respondents to produce the above said detenu before this Court and set him at liberty.

(2.) ACCORDING to the detaining authority, viz. , the second respondent, the ground case is said to have taken place on 17. 3. 2007 at 6. 30 a. m. On receipt of reliable information that the sand was illicitly quarried and transported, the Tahsildar, Rajapalayam along with his officials attempted to stop a tractor and trailer bearing Registration TN-60-Z-3196 at Mudangiyar river. Without stopping the vehicle, the driver, the detenu herein, drove the vehicle rashly and even attempted to murder the Tahsildar. Based on the complaint of the Tahsildar, a case was registered in Crime No. 211/2007 on the file of Rajapalayam North Police Station for the offence punishable under Sections 3 and 4 of the Tamil Nadu Property (Prevention of Damage and Loss) and Sections 353 and 307 I. P. C. The detenu was arrested and sent for judicial remand.

(3.) THE second respondent, taking note of this case as a ground case, finding that there are two adverse cases pending against the detenu for the offence punishable under Section 21 (I) of the Mines and Minerals (Development and Regulation) Act, and having satisfied that there is a compelling necessity to detain him in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a Sand Offender.