C.T.Selvam, J. - (1.) Petitioner, father of the detenu herein, has filed this Petition challenging the order of detention passed by the 2nd respondent in SC.No.71/2017 dated 05.12.2017, branding his son as a "Goonda as contemplated u/s.2[f] of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
(2.) As per the grounds of detention dated 05.12.2017, passed by the second respondent, the detenu came to adverse notice in the following cases: Ground Case: JUDGEMENT_405_LAWS(MAD)3_2018_1.html
(3.) Even though the learned counsel for the petitioner raised many grounds in assailing the impugned order of detention in the petition, he confined his arguments only to the ground of delay in considering the representation of the detenu, dated 09.01.2018. According to the learned counsel for the petitioner, the representation, dated 09.01.2018, has been received by the Government on 10.01.2018 ; the remarks were called on the same day, i.e., 10.01.2018. But the said remarks were received only on 02.02.2018, after a delay of 23 days. He adds that though the file was submitted to the Under Secretary on 02.02.2018, the Minister has dealt with the said file of the detenu only on 07.02.2018 with a further delay of 5 days and the rejection letter was prepared only on 08.02.2018 and sent to the detenu on 10.02.2018. It is his further submission that as per the Proforma submitted by the learned Additional Public Prosecutor, there were 11 intervening holidays and even after giving concession as to the intervening holidays, still there is a delay of 17 days in considering the representation, which remains unexplained. The unexplained delay in considering the representation of the detenu vitiates the detention order. In support of his contention, the learned counsel for the petitioner relied on the judgment of the Hon'ble Apex Court in Rajammal vs. State of Tamil Nadu, 1999 1 SCC 417.;