Madras High CourtHCP(MD)/107/2020dismissed as infructuous

Madasamy v. The Principal Secretary To Government

2021-01-25Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

H.C.P.(MD) No.107 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.107 of 2020 Madasamy ... Petitioner -vs1.State of Tamil Nadu Rep.by the Principal Secretary to Government Home, Prohibition and Excise Department Fort.St.George Chennai-600 009 2.The District Collector and District Magistrate Thoothukudi District Thoothukudi 3.The Superintendent of Prison Central Prison Palayamkottai Tirunelveli ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, calling for the entire records connected with the detention order passed in H.S.(M) Confdl No.07/2020, dated 23.01.2020, 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, Madasamy, aged about 42 years, son of Subramanian, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.107 of 2020

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM, J.) When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the impugned detention order came to be passed on 23.01.2020 and the period of one year got expired on 22.01.2021 and therefore, the prayer sought for in this habeas corpus petition has become infructuous.

2. Recording the above submission of the learned counsel for the petitioner, the habeas corpus petition is dismissed as infructuous.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) krk 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 Principal 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, Thoothukudi District, Thoothukudi.

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.107 of 2020 25.01.2021 VR(CO) TR(08.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2