Malini v. State Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.No.1265 of 2021 Malini ..Petitioner Vs.

1.State of Tamil Nadu represented by The Secretary to the Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The District Collector and District Magistrate, Ariyalur District, Ariyalur.

3.The Superintendent of Police, Ariyalur District, Ariyalur.

4.The Superintendent of Prison, Central Prison, Tiruchirappalli.

5.The Inspector of Police, Andimadam Police Station, Ariyalur District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records pertaining to the order of detention passed by the 2nd respondent in Cr.M.P.No.24/2021 dated 31.07.2021 against the petitioner's brother, the detenu Sivakumar, aged 62 years, son of Murugesan, now confined in the Central Prison, Tiruchirapalli and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner : Mr.M.Rajkumar For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] The petitioner challenges the impugned order of detention in Cr.M.P.No.24/2021 dated 31.07.2021 detaining her brother as "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has not been approved by the Government by its order in G.O.Rt.No.3617, Home, Prohibition and Excise (XV) Department, dated 11.08.2021 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsd To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The District Collector and District Magistrate, Ariyalur District, Ariyalur.

3.The Superintendent of Police, Ariyalur District, Ariyalur.

4.The Superintendent of Prison, Central Prison, Tiruchirappalli.

5.The Inspector of Police, Andimadam Police Station, Ariyalur District.

6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

7.The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.1265 of 2021 CP(CO) SP(03/01/2022)