Dhanalakshmi v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2024 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Dhanalakshmi W/o Durai Arasan ..
Petitioner v.
1. The Government of Tamil Nadu rep by its Secretary Home, Prohibition and Excise (XVI) Department Fort St.George, Chennai 600 009
2. The District Magistrate and District Collector Office of District Collector Kallakurichi District, Kallkurichi
3. The Superintendent of Police Kallakurichi District, Kallkurichi
4. The Superintendent Central Prison, Cuddalore
5. The Inspector of Police All Women Police Station Ulundurpet, Kallakurichi District ..
Respondents
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, calling for the records in detention order vide D.No.C2/64/2024 dated 23.10.2024 on the file of the 2nd respondent and quash the same and direct the respondents herein to produce the petitioner's husband V.Durai Arasan, S/o Veerasamy, aged about 52 years, the detenu now confined in Central Prison, Cuddalore before this Hon'ble Court and set him at liberty.
For Petitioner ::
Mr.K.Kannan For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The order of detention passed by the second respondent in proceedings D.O.No.C2/64/2024 dated 23.10.2024 is sought to be quashed in the present habeas corpus petition.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. The impugned detention order has been issued based on the ground
case. On perusal of the grounds of detention, we find that the element of public disorder is not attracted to invoke the provisions of Act 14 of 1982. The public disorder has been defined by the Apex Court in the case of Dr.Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740. Since the ground case can be dealt with by the authorities under the penal law and by following the procedures, we are inclined to interfere with the impugned detention order.
4. Accordingly, the detention order passed by the second respondent in proceedings D.O.No.C2/64/2024 dated 23.10.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Durai Arasan, S/o Veerasamy, aged 52 years, now confined at Central Prison, Cuddalore is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 17.12.2024 ss To
1. The Secretary to Government
Home, Prohibition and Excise (XVI) Department Fort St.George, Chennai 600 009
2. The District Magistrate and District Collector Office of District Collector Kallakurichi District, Kallkurichi
3. The Superintendent of Police Kallakurichi District, Kallkurichi
4. The Superintendent Central Prison, Cuddalore
5. The Inspector of Police All Women Police Station Ulundurpet, Kallakurichi District
6. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 17.12.2024