Manikala v. The Secretary To Government

H.C.P.(MD) No.43 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.43 of 2020 Manikala ... Petitioner/Mother of the Detenue Vs.

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

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the entire records connected with the detention order passed in P.D.No.50/2019 dated 24.12.2019 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely, the petitioner's son i.e., Manikandan @ Eli Manikandan, aged about 28 years, S/o. Tharmalingam, now detained at Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner :

Mr. N.Pragalathan For Respondents :

Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The mother of the detenu has filed the habeas corpus petition seeking to quash the proceedings of the second respondent in Detention Order in P.D.No.50/2019 dated 24.12.2019, branding the detenu namely, Manikandan @ Eli Manikandan, Son of Tharmalingam, aged about 28 years, as a "GOONDA" as contemplated under Section 2 (f) of Tamil Nadu Act, 14 of 1982, detained him at the Central Prison, Palayamkottai and to set him at liberty.

2. When the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Additional Public https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.43 of 2020 Prosecutor for the respondents, by producing a copy of G.O.Rt.No.802, Home, Prohibition & Excise (XIV) Department, dated 17.02.2020, would state that the impugned detention order has been revoked.

3. Recording the above submissions, the habeas corpus petition is closed.

Sd/- Deputy Registrar (LA AND M) // True Copy // / /2020 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To:

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

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD) No.43 of 2020 03.08.2020 KK(13.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2