Madras High CourtHCP(MD)/388/2021allowed

Karuppasamy v. The Additional Chief Secretary To Government

2021-08-17Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P.(MD) No.388 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.388 of 2021 Karuppasamy ... Petitioner/detenu -vs1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District. ... Respondents PRAYER : Petition is 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 of the second respondent in H.S.(M) Confdl. No.53/2020 dated 12.08.2020 and quash the same and direct the respondents to produce the body or person of the detenu by name Karuppasamy, Son of Manickam, aged about 45 years, now confining at Palayamkottai Central Prison before this Court and set him at liberty forthwith.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by J.NISHA BANU, J.) This habeas corpus petition has been filed by the detenu, namely, Karuppasamy, Son of Manickam, aged about 45 years, challenging the detention order in H.S.(M) Confdl. No.53/2020 dated 12.08.2020, passed by the second respondent, branding him as "Goonda" as contemplated under Section 2(ggg) of Tamil Nadu Act 14 of 1982.

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H.C.P.(MD) No.388 of 2021

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing Counsel appearing for the State on instructions would submit that the detention order was passed on 12.08.2020 and now, one year detention period is over. Hence, nothing remains to be adjudicated in this Habeas Corpus Petition.

3. Recording the said submission, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (Crl) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 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 Additional Chief Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu,Secretariat, Fort St. George,Chennai-600 009.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Thoothukudi District,Thoothukudi.

3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelvel District.

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

5.The Joint Secretary to Government, Public(Law &Order),Fort St.George, Chennai-600 009. H.C.P.(MD) No.388 of 2021 DATED : 17.08.2021 RK (25.08.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2