T DEVAKI Vs. GOVERNMENT OF TAMILNADU
LAWS(SC)-1990-3-39
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on March 07,1990

T.DEVAKI Appellant
VERSUS
GOVERNMENT OF TAMIL NADU Respondents





Cited Judgements :-

RAJEEV VASHISTHA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1999-12-73] [REFERRED TO]
NIZAMUDDIN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2002-1-72] [REFFERED TO]
RAJENDRA DAULAT DESAI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-10-138] [REFERRED TO]
APDA HARAN SINGH VS. UNION OF INDIA [LAWS(ALL)-1993-5-69] [REFERRED TO]
SACHIN ALIAS BANTI VS. STATE OF U P [LAWS(ALL)-2003-5-202] [REFERRED TO]
SURESH PANDEY VS. STATE OF U P [LAWS(ALL)-2004-11-73] [REFERRED TO]
MAGAN PANSINGH PIMPLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-7-141] [REFERRED TO]
P. NAGA RAJU VS. THE STATE OF TELANGANA [LAWS(APH)-2016-4-69] [REFERRED TO]
MOHMAD SALIM ALIAS SALIM KHAN VS. POLICE COMMISSIONER [LAWS(GJH)-1997-2-44] [REFERRED]
DARPAN KUMAR SHARMA VS. STATE OF TAMIL NADU [LAWS(SC)-2003-1-73] [REFERRED TO]
CHANDRAKANT BADDI VS. ADDL DIST MAGISTRATE AND POLICE COMMNR [LAWS(SC)-2008-4-207] [REFERRED TO]
CHANDRAKANT BADDI VS. ADDL DIST MAGISTRATE AND POLICE COMMNR [LAWS(SC)-2008-4-207] [REFERRED TO]
M SUNDARAPPAN VS. SECRETARY GOVERNMENT OF TAMIL NADU PROHIBITION AND EXCISE DEPTT [LAWS(MAD)-2003-8-117] [REFERRED TO]
N AJIMEER KHAN VS. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE RAMANATHAPURAM [LAWS(MAD)-1993-9-12] [REFERRED TO]
ANANT S/O MANIKRAO KACHALE VS. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, HOME DEPARTMENT, MANTRALAYA, MUMBAI [LAWS(BOM)-2018-2-288] [REFERRED TO]
MANOJ @ SONYA S/O RAMDAS GHULE VS. COMMISSIONER OF POLICE PUNE CITY, DIST PUNE [LAWS(BOM)-2017-9-250] [REFERRED TO]
VISHAL AANANDA MAHABAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-12-353] [REFERRED TO]
HARISH VASUDEVAN VS. UNION OF INDIA [LAWS(KER)-2020-3-621] [REFERRED TO]
G DEVI VS. STATE OF TELANGANA [LAWS(TLNG)-2019-3-72] [REFERRED TO]
BALMUKUND GARG VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-12-20] [REFERRED TO]
RAJEEV GUPTA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-12-175] [REFERRED TO]
C SIVASUBRAMANIAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2000-2-20] [REFERRED TO]
Thiru Venkata Saravanan ALIAS S A R Prasanna Venkatachariar VS. State [LAWS(MAD)-2005-4-214] [REFERRED TO]
SUREKHA DEEPAK SHINTRE VS. STATE OF KARNATAKA BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KARNATAKA AND ORS. [LAWS(KAR)-2016-4-95] [REFERRED TO]
ANIL VITKAR VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-1-136] [REFERRED TO]
SADASHIV S/O SHRIRAM JADHAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-2-302] [REFERRED TO]
JITENDRA KORWA @ CHHOTAN JI @ KOMAL JI, S/O LODHAN KORWA VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-12-106] [REFERRED TO]
SHAMJIBHAI MANJIBHAI PATEL VS. COMMISSIONER OF POLICE CITY OF AHMEDABAD [LAWS(GJH)-1992-4-10] [REFERRED TO]
TUSHAR S/O. RAJANSINGH RAJPUT VS. THE STATE OF MAHARASHTRA & ORS. [LAWS(BOM)-2017-4-151] [REFERRED TO]
VILAS RAMCHANDRA HUNNARE VS. DISTRICT MAGISTRATE, SINDHUDURG AND OTHERS [LAWS(BOM)-2018-4-214] [REFERRED TO]
AJAY NAGESH NAGMODE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-5-80] [REFERRED TO]
GANESH ALIAS GAJARAJ SAINATH PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-6-38] [REFERRED TO]
BABITA SAHOO VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2004-5-21] [REFERRED TO]
SANTOSH SHARMA VS. STATE OF M P [LAWS(MPH)-2009-2-68] [REFERRED TO]
LABHUBHAI GAGJIBHAI VAGRI VS. STATE OF GUJARAT [LAWS(GJH)-2000-3-68] [REFERRED]
D RAMASWAMY VS. STATE OF TELANGANA, REP BY ITS CHIEF SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (L&O)DEPARTMENT [LAWS(APH)-2018-7-24] [REFERRED TO]
WAZIR YADAV VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1992-7-13] [REFERRED TO]
PREM CHANDRA SHARMA VS. SUPERINTENDENT DISTRICT JAIL [LAWS(ALL)-1999-7-13] [REFERRED TO]
A.GURUSINGH RAO VS. THE STATE OF TELANGANA [LAWS(APH)-2017-1-16] [REFERRED TO]
RAJUBHAI PRATAPBHAI PANPATIL VS. COMMISSIONER OF POLICE SURAT CITY [LAWS(GJH)-2005-11-2] [REFERRED TO]
SATHI VS. STATE OF KERALA [LAWS(KER)-2009-7-135] [REFERRED TO]
FATIMA MUNAWAR HUSSAIN VS. GOVERMENT OF A P [LAWS(APH)-2004-3-23] [REFERRED TO]
ROSHAN RHI ALIAS ROSU VS. STATE OF NAGALAND [LAWS(GAU)-2011-10-1] [REFERRED TO]
ANINA VS. DISTRICT MAGISTRATE ALIGARH [LAWS(ALL)-2006-2-170] [REFERRED TO]
GULSHER VS. UNION OF INDIA [LAWS(ALL)-2019-1-271] [REFERRED TO]
Dhandapani VS. Commissioner of Police [LAWS(MAD)-2004-9-162] [REFERRED TO]
MONICA TRIPATHI VS. STATE OF M. P. [LAWS(MPH)-2021-6-18] [REFERRED TO]
SITARAM S/O KALIDAS KALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-9-212] [REFERRED TO]
ASHOK KISAN JADHAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-3-69] [REFERRED TO]
M. SHAGUNTHALA DEVI VS. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT [LAWS(MAD)-2014-8-141] [REFERRED TO]
STATE OF MAHARASHTRA VS. BALU [LAWS(SC)-2019-11-33] [REFERRED TO]
ADDITIONAL DISTRICT MAGISTRATE AND POLICE COMMISSIONER HUBLI VS. CHANDRAKANT BADDI [LAWS(KAR)-2007-3-66] [REFERRED TO]
SURESH CHANDRA KATARE VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2001-7-152] [REFERRED]
NASIR ISMAIL MUJAVAR VS. COMMISSIONER OF POLICE [LAWS(BOM)-2012-9-19] [REFERRED TO]
MOHMAD SALIM ALIAS SALIM KHAN IKBALHUSEN PATHAN VS. POLICE COMMISSIONER [LAWS(GJH)-1997-12-36] [REFERRED TO]
DHANANJAY ALIAS DHANRAJ DHANYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-2-74] [REFERRED TO]
ADAB VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2019-4-439] [REFERRED TO]
CHANDRAKALA W/O. RAMLAL JADHAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-4-79] [REFERRED TO]
P K BOSE VS. SECRETARY TO GOVERNMENT [LAWS(KER)-2009-9-22] [REFERRED TO]
PAUL PANDI VS. STATE OF TAMIL NADU [LAWS(MAD)-1991-3-2] [RELIED ON]
ABDUL RAZACK A.A. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-7-145] [REFERRED TO]
UTHANDI VS. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR [LAWS(MAD)-2005-8-76] [REFERRED TO]
ABDUL RAZAK VS. STATE OF KARNATAKA [LAWS(KAR)-2017-10-134] [REFERRED TO]
ABDUL RAZAK VS. STATE OF KARNATAKA [LAWS(KAR)-2017-10-134] [REFERRED TO]
HARPREET KAUR HARVINDER SINGH BEDI VS. STATE OF MAHARASHTRA [LAWS(SC)-1992-1-18] [RELIED ON]
PEOPLES UNION FOR HUMAN RIGHTS VS. UNION OF INDIA [LAWS(GAU)-1991-3-3] [REFERRED TO]
RAIES ALIAS YOGENDRA SINGH YADAV VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2003-2-113] [REFERRED TO]
MOHAMMED MUSTAFA S/O MOHAMMAD MASTAN VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2017-12-2] [REFERRED TO]
SANT SINGH VS. DISTRICT MAGISTRATE VARANASI [LAWS(ALL)-1999-12-72] [REFERRED TO]
HALEEMUNNISA BEGUM VS. STATE OF TELANGANA [LAWS(APH)-2018-7-21] [REFERRED TO]
SK ISRAIL SK BABBU VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-1-39] [REFERRED TO]
AMAR ALIAS AMARSINGH GULABSINGH RATHOD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-4-22] [REFERRED TO]
KARNAN ALIAS KARUNAKARAN VS. UNION OF INDIA [LAWS(MAD)-2008-8-111] [REFERRED TO]
KESHUBHAI MADIYABHAI KATARA VS. COMMISSIONER OF POLICE OF THE CITY OF AHMEDABAD [LAWS(GJH)-2007-8-28] [REFERRED TO]
S. SUBASH BABU VS. STATE [LAWS(MAD)-1991-2-108] [REFERRED TO]
Kausalya VS. District Collector [LAWS(MAD)-2005-5-7] [REFERRED TO]
SAGAR PARIDA VS. STATE OF ODISHA AND ORS. [LAWS(ORI)-2020-8-23] [REFERRED TO]
MAGAR S O PANSINGH PIMPLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-7-46] [REFERRED TO]
G DEVI VS. STATE OF TELANGANA [LAWS(APH)-2019-3-102] [REFERRED TO]
MALUBHAI BHIKHUBHAI CHAVDA VS. COMMISSIONER OF POLICE RAJKOT [LAWS(GJH)-2000-3-6] [REFFERD]
PRAVIN MAHIPATRAI MEHTA VS. DISTRICT MAGISTRATE SURENDRANAGAR [LAWS(GJH)-1993-3-38] [REFERRED TO]
UDAI VEER SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1999-10-10] [REFERRED TO]
ASHOK KUMAR LAHA VS. MAHENDRA PRASAD [LAWS(CAL)-1994-4-14] [REFERRED TO]
ASHFAQ @ NEHAL VS. UNION OF INDIA & 3 OTHERS [LAWS(ALL)-2018-4-75] [REFERRED TO]
CHANDAN VISHWAKARMA VS. UNION OF INDIA [LAWS(ALL)-2019-2-191] [REFERRED TO]
YALLAPPA MAREPPA VS. STATE OF KARNATAKA AND OTHERS [LAWS(KAR)-2016-11-72] [REFERRED TO]
RAJAN VS. STATE OF KARNATAKALABIC [LAWS(KAR)-2018-12-106] [REFERRED TO]
SECRETARY TO GOVERNMENT OF TAMIL NADU VS. KAMALA [LAWS(SC)-2018-4-30] [OVERRULED]
M.KALAISELVI VS. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HOME EXCISE AND PROHIBITION ,SECRETARIAT FORT ST.GEORGE,CHENNAI [LAWS(MAD)-2017-1-180] [REFERRED TO]
SENTHILKUMARI VS. STATE OF TAMIL NADU [LAWS(MAD)-2015-9-208] [REFERRED TO]
KANNAN ALIAS KANNAPPAN VS. STATE OF TAMIL NADU [LAWS(MAD)-1991-2-2] [REFERRED TO]
RAJENDRAN ALIAS GIRI VS. STATE OF TAMIL NADU [LAWS(MAD)-1990-11-17] [REFERRED TO]
P KANDASWAMY VS. STATE OF TAMIL NADU [LAWS(MAD)-1994-2-40] [REFERRED TO]
REKHA SHAMBHU GAWLI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-9-136] [REFERRED TO]
ADIL CHAUS S/O. HAMAD CHAUS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-8-35] [REFERRED TO]
BALIRAM S/O NAMDEO BEDKE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-8-36] [REFERRED TO]
MUBARAK AWAD ALI KASERI VS. THE STATE OF TELANGANA [LAWS(APH)-2017-3-66] [REFERRED TO]
MUKESH HIMATLAL SHETH VS. STATE OF GUJARAT [LAWS(GJH)-2005-11-3] [REFERRED TO]
GUDDU ALIAS SHAMSHER VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2000-12-14] [REFERRED]
SANJAI SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1999-10-14] [REFERRED TO]
STATE OF MANIPUR VS. ARAMBAM KAMESHWAR SINGH [LAWS(GAU)-2004-8-41] [REFERRED TO]
SACHIN @ BOBBY SAMBHAJI SHINDE VS. COMMISSIONER OF POLICE SOLAPUR [LAWS(BOM)-2017-10-8] [REFERRED TO]


JUDGEMENT

Singh, J. - (1.)This petition under Art. 32 of the Constitution of India, by Mrs. B. Devaki wife of the detenu R. Thamaraikani, challenges the validity of her husband's detention under the order of the Collector and District Magistrate of Kamarajar District Virudhunagar, Tamil Nadu dated 15-8-1989 issued under S. 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982) (as amended by Act 52 of 1986 and Act 1 of 1988) (hereinafter referred to as 'the Act').
(2.)After hearing arguments of the learned counsel for the parties at length, we allowed the petition on 10-1 l- 1989 and issued directions for the release of the detenu forthwith. We are now giving the reasons for our order dated 10-11-1989.
(3.)The detenu R. Thamaraikani is a member of the All India Anna Dravida Munnetra Kazhagam Party, briefly described as AIDMK. He has been an active social and political worker. He was elected Member of the Tamil Nadu Legislative Assembly from Srivilliputhur Constituency in the General Elections held in 1977, 1980 and 1984. In the General Elections held in January 1989 to the Tamil Nadu Legislative Assembly, he was defeated by the Dravida Munnetra Kazliagam Party candidate. He continues to be Joint Secretary of the AIDMK Party for Kamrajar District in Tamil Nadu and he has been taking active part in social and political activities in the District of Kamrajar. The petitioner has stated that there has been personal and political animosity between the detenu and Thiru Durai Murugan, Minister for Public Works and Highways in the present DMK Government. The District Magistrate issued the impugned order for the detention of her husband at the behest of Thiru Durai Murugan, the aforesaid Minister, respondent No. 3. The petitioner has referred to a number of incidents and to the proceedings of the Tamil Nadu Legislative Assembly in support of her submission that there was political and personal animosity between the aforesaid Minister and her husband and the order of detention was made mala fide at the instance of the Minister, respondent No. 3.
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