K.N. BASHA, J.

1. This matter has been placed before this Bench on the orders of the Hon’ble The Chief Justice in the following background:

(i) The Petitioner, who is the brother of the detenu by name Madhavan @ Kannan, has come forward with this Habeas Corpus Petition challenging the order of detention passed by the Second Respondent by the proceedings in No.62/BDFGISSV/2010 dated 18.8.2010 holding that the detenu as a “Goonda" as he is indulging in an activity prejudicial to the maintenance of public order.

(ii) This Petition was originally filed before the Madurai Bench of this Court. When the matter was heard by a Division Bench consisting of one of us (Hon’ble Mr. Justice T.Sudanthiram) as the member of the Bench, the main contention made was the solitary incident of robbery mentioned in the ground case cannot attract the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bottleggers, Drug-offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Vidoe Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) (hereinafter reffered to as “the Act”) to pass the impugned detention order. In support of such contention, a decision of the Divisi