Madras High CourtHCP/175/2017dismissed as infructuous

Illaya Raja, S/O.Mohan, v. The Secretary To The Govt.,

2017-07-07Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-07-2017

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.175 of 2017 Illaya Raja .... Petitioner/Son of the detenue vs.

1. The Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2. Commissioner of Police, Greater Chennai Police.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to call for the records in connection with the order of detention passed by the second respondent dated 22.02.2016 in Memo No.172/BCDFGISSSV/2016 against the petitioner's mother, Tmt.Vijayalakshmi, aged 38, W/o.Mohan, who is confined at Special Prison for Women, Puzhal, chennai and quash the same and direct the respondents to produce the detenu before this Court and set her at liberty.

For Petitioner : Mr.S.Senthil Vel For Respondents : Mr.V.M.R.Rajentren, APP

ORDER

(Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to call for the records relating to detention order, dated 22.02.2016, passed in Memo No.172/BCDFGISSSV/2016 by the detaining authority against the detenu, by name Tmt.Vijayalakshmi, aged 38, W/o.Mohan, residing at No.64/1, Angalamman Koil Street, Choolaimedu, Chennai 112 and quash the same.

https://hcservices.ecourts.gov.in/hcservices/

2.It is seen from the records that the detention order in question has been passed on 22.02.2016 for a period of one year. Considering the date of detention order, the period of detention has already become elapsed and therefore, the relief sought for in this petition has become infructuous.

In fine, this habeas corpus petition is dismissed as infructuous.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar sra To

1. The Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai-600 009

2. The Commissioner of Police, Greater Chennai Police.

3. The Superintendent of Prison, Special Prison for Women, Puzhal, chennai.

4. The Public Prosecutor, High Court, Madras

5. The Joint Secretary to Government, Public (Law & Order) Fort St.George, Chennai-9 H.C.P.No. 175 of 2017 NRI(CO) NR 14/07/2017 https://hcservices.ecourts.gov.in/hcservices/