WP/19986/2004 of Tallapalli Chandramouli, Vs The Dist. Collector and District Magistrate, on 28 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE BILAL NAZKI

and THE HON'BLE DR JUSTICE G.YETHIRAJULU

WRIT PETITION NO : 19986 of 2004

Between:

Tallapalli Chandramouli, S/o.Iylaiah,R/o.Jammikunta Village & Mandal, Karimnagar Dist. rep.by its his son TallapalliSridhar.

..... PETITIONER

AND

1 The Dist. Collector and District Magistrate, Karimnagar Dist.2 The Chief Secretary, Government of Andhra Pradesh, Secretariat buildings, Hyderabad.2 The Chief Secretary, Government of Andhra Pradesh, Secretariat buildings, Hyderabad.

3 The Commissioner, Prohibition and Excise, A.P.Hyderabad.

4 The Prohibition and Excise Superintendent, Karimnagar, Karimangar Dist.

..RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ or order or direction more particularly one in the nature of writ of HabeasCorpus by holding continued detention of Tallapalli Chandramouli son of Iylaiahdetained under the proceedings of the 1st respondent in Rc.No.C1/4610/2004 dated26-08-2004 as bad, arbitrary illegal and unconstitutional and produce the petitionerherein before the Hon'ble court and consequently set the detenue at liberty forthwith.

Counsel for the Petitioner: MR.C.DAMODHAR REDDYCounsel for the Respondents: THE ADVOCATE GENERAL

The Court made the following :

Order: (Per Sri BN.J)

The petitioner is the son of one Tallapally Chandramouli, hereinafter referred to asthe detenu, who has been detained by an order of detention made under Section3(1) & (2) read with Section 2(a) & (b) of the Andhra Pradesh Prevention ofDangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, ImmoralTraffic Offenders and Land Grabbers Act, 1986 by the District Magistrate,Kareemnagar.

Counter has been filed and we have heard the learned counsel for the parties.

Various grounds have been taken to attack the order of detention and by anorder of this Court dated 29.11.2004, the matter had been referred to a Full Benchalong with some other matters. When the matter came up before the Full Bench,learned counsel for the petitioner submitted that he is not going to attack thedetention order on the ground, which was the subject matter of reference before theFull Bench; rather he would attack the order of detention on various other grounds.Therefore, this writ petition was directed to be deleted from the batch andaccordingly it was listed before us.

One of the grounds urged by the counsel for the petitioner is that the detainingauthority did not inform the detenu that he had a right to approach the detainingauthority by way of a representation. The grounds of detention as well as the order ofdetention informed the detenu that he had a right to make a representation against the order of detention to the Chief Secretary, Government of A.P. This Court hasconsistently held that when the detenu is not informed of his right to make arepresentation to the detaining authority against the order of detention, that wouldamount to infraction of rights guaranteed under Article 22 (5) of the Constitution ofIndia. Therefore, on this ground alone, we quash the impugned order of detentionand direct that the detenu be released forthwith, if not needed in any other case.

The writ petition is accordingly allowed.

(BILAL NAZKI,J)

Dated: 28..12..2004

(Dr.G.YETHIRAJULU,J)

To

1 The Dist. Collector and District Magistrate, Karimnagar Dist.

2 The Chief Secretary, Government of Andhra Pradesh, Secretariat buildings, Hyderabad.

3 The Commissioner, Prohibition and Excise, A.P.Hyderabad.

4 The Prohibition and Excise Superintendent, Karimnagar, Karimangar Dist.

5 2 CCs to the Advocate General, High Court of A.P. Hyderabad (OUT)

6 The Director General of Police, A.P. Hyderabad 7 The Director General of Prisons, A.P. Hyderabad 8 The Deputy Inspector General of Police (Crimes) A.P. Hyderabad 9 2 CD copies