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1968 Supreme(Ker) 220

P.T.RAMAN NAYAR, M.MADHAVAN NAIR
C. V. Madhava Mannadiar – Appellant
Versus
District Collector and Addl. District Magistrate, Palghat – Respondent


Advocates:
K. Chandrasekharan and T. Chandrasekhara Menon, for Petitioner; Advocate General, for Respondents.

Judgement

RAMAN NAYAR, J. :- The point that falls to be determined in this application for a writ of habeas corpus questioning the detention of the petitioner under Section 3, sub-section (1) (a) (iii), of the Preventive Detention Act, 1950 (the Act, for short) is whether the 1st respondent, described as the District Collector and Additional District Magistrate, Palghat who ordered the detention (by means of Ext. P-1 dated 30-9-1968) had the authority to do so. For the rest, the ground for the detention as disclosed by the memorandum, Ext. P-2, of the same date, duly served on the petitioner as required by S. 7 of the Act, namely, that the petitioner was habitually engaging himself in the unlawful transport of paddy from the district of Palghat to the adjoining areas of the Madras State, and that he was thus hindering the procurement of paddy in the district the purpose of equitable distribution under the scheme of rationing thereby prejudicing the maintenance of supplies essential to the community, is obviously a good and sufficient ground for the detention. If the petitioner's grievance is that he has not been furnished with sufficient particulars to enable him to make his defence























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