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Madras High CourtHCP(MD)/223/2020dismissed as infructuous

Sheik Fareeth v. The Additional Chief Secretary To Government

2020-11-18Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Sheik Fareeth, Son of Mohaideen, Poochinaickenpatti,, Begampur Post, Dindigul Town, Dindigul District, Now confined at The Central Prison, Madurai, Madurai District.

... Petitioner/Detenu -vs1.The State of Tamil Nadu, represented by the Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-600 009 2.The District Collector and the District Magistrate Dindigul District, Dindigul.

3.The Superintendent of Prison Central Prison, Madurai.

... 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 Detention Order No.64 of 2019, dated 15.10.2019 on the file of the second respondent herein and to quash the same and to direct the respondents to produce the detenu or body of the detenu namely Sheik Fareeth, aged about 22 years, son of Mohaideen, now detained at the Central Prison, Madurai before this Court and set him at liberty forthwith.

For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor 1/3

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed by the detenu, namely,Sheik Fareeth, son of Mohaideen,aged about 22 years, challenging the Detention Order No.64 of 2019, dated 15.10.2019, passed by the second respondent, branding him as "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. 2.Heard the learned counsel appearing for the Petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record. 3.It is represented by the learned counsel for the Petitioner that in this case, the impugned detention order came to be passed on 15.10.2019 and the period of one year got expired on 16.10.2020 and therefore, the prayer sought for in this Habeas Corpus Petition has bcome infructuous.

4.Recording the same, this Habeas Corpus Petition is dismissed as having become infructuous.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Vsn 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, Government of Tamil Nadu, Home, Prohibition and Excise Department Fort St.George, Chennai-600 009 2/3

2.The District Collector and the District Magistrate Dindigul District, Dindigul.

3.The Superintendent of Prison Central Prison, Madurai.

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

ORDER MADE IN 18.11.2020 VB (01.12.2020) 3P 5C 3/3