Poolammal v. The Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.07.2015 Coram THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P.(MD)No.319 of 2015 Poolammal .. Petitioner Vs.
1.The Government of Tamilnadu rep.by its Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort.St.George, Chennai - 600 009.
2.The District Collector & District Magistrate, Tirunelveli District, Tirunelveli.
3.The Inspector of Police, Nanganeri Circle, Tirunelveli District.
.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to call for the entire records connected with the detention order of the 2nd respondent i.e., District Collector and District Magistrate passed in M.H.S.Confdl.No.107/2014 dated 30/12/2014 and quash the same and consequently direct the respondents to produce the body and person of the petitioners son namely Ayyappan S/o. Nambi Thevar aged about 23 years now confined at Central Prison, Palayamkottai before this Court and set him at liberty forthwith. For Petitioner : Mr.A.Robinson For Respondents : Mr.C.Ramesh Addl.Public Prosecutor
ORDER
(Order of the Court was made by A.SELVAM, J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the detention order passed in M.H.S.Confdl.No.107/2014 dated 30/12/2014 by the detaining authority who has been arrayed as second respondent herein against the detenu by name Ayyappan S/o. Nambi Thevar and quash the same and thereby set him at liberty forthwith.
2. The Inspector of Police, Moontradaippu Police Station as sponsoring authority has submitted an affidavit to the detaining authority, wherein it is stated that the detenu has involved in the following adverse cases.
(i)Crime No.128 of 2012, Moontradaippu Police Station, registered under Sections 302 and 201 of the Indian Penal Code.
(ii)Crime No.286 of 2013, Kalakad Police Station, registered under Sections 147, 148, 448, 294(b) and 506 (ii) of the Indian Penal Code and Section 3 of TNPPDL Act.
(iii)Crime No.287 of 2013, Kalakad Police Station, registered under Sections 147, 148, 448, 294(b), 436 and 506(ii) of the Indian Penal Code and Section 4 of TNPPDL Act.
(iv)Crime No.288 of 2013, Kalakad Police Station, registered under Sections 147, 148, 448, 435 and 506(ii) of the Indian Penal Code and Section 4 of TNPPDL Act. (v)Crime No.289 of 2013, Kalakad Police Station, registered under Sections 147, 148, 448, 435 and 506(ii) of the Indian Penal Code and Sections 4 and 3 of TNPPDL Act.
(vi)Crime No.155 of 2014, Moontradaippu Police Station, registered under Sections 147, 148 and 302 of the Indian Penal Code altered to Sections 147, 148, 149, 341, 302, 102(b) and 212 of the Indian Penal Code.
3. Further it is stated in the affidavit that on 12.11.2014 one Paulpandi as defacto complainant has given a complaint against the detenu and others in Moontradaippu Police Station and the same has been registered in Crime No.157 of 2014 under Sections 147, 148, 341, 302, 201 of the Indian Penal code altered to Sections 147, 148, 341, 302, 201, 212 r/w 120(b) of the Indian Penal Code and ultimately requested the detaining authority to invoke Act 14 of 1982 against the detenu.
4. The detaining authority after considering the averments made in the affidavit and other connected documents has derived subjective satisfaction to the effect that the detenu is a 'habitual offender' and ultimately branded him as 'goonda' by way of passing the impugned detention order and in order to quash the same, the present Habeas Corpus Petition has been filed by the mother of the detenu as petitioner.
5. On the side of the respondents a detailed counter has been filed, wherein it has been contended to the effect that all the averments made in the petition are false and ultimately prayed to dismiss the same.
6. The learned counsel appearing for the petitioner has contended that on the side of the detenu a representation has been
submitted and the same has not been disposed of without delay and therefore, the detention order in question is liable to be quashed.
7. The learned Additional Public Prosecutor has contended that the representation submitted on the side of the detenu has been duly disposed of without delay and therefore, the detention order in question does not call for any interference.
8. On the side of the respondents, a proforma has been submitted, wherein it has been clearly stated that in between column Nos.7 to 9, 6 clear working days are available and in between column Nos.12 and 13, 5 clear working days are available and no explanation has been given on the side of the respondent with regard to such delay in disposing of the representation and that itself would affect the rights of the detenu guaranteed under Article 22(5) of the Constitution of India and therefore, the detention order in question is liable to be quashed.
9. In fine, this Habeas Corpus Petition is allowed and the detention order dated 30.12.2014 passed in M.H.S.Confdl.No.107/2014 by the detaining authority/second respondent herein is quashed and the detenu by name Ayyappan is ordered to be set at liberty forthwith, unless he is required to be incarcerated in any other case.
Sd/- Assistant Registrar(Writ) /True copy/ Sub Assistant Registrar mj To 1.The Secretary to Government,Government of Tamilnadu Home, Prohibition and Excise (XVI) Department, Fort.St.George, Chennai - 600 009.
2.The District Collector & District Magistrate, Tirunelveli District, Tirunelveli.
3.The Superintendent Central Prison, Palayamkottai (In Duplicate for communicate to detenu) 4.The Joint Secretary to Government Public (Law & Order) Fort St., George, Chennai-9 5.The Inspector of Police, Nanganeri Circle, Tirunelveli District. 6.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to M/S.A.Robin son,Advocate in Sr NO.39747 H.C.P.(MD)No.319 of 2015 21.07.2015 RG.23.07.2015 3P.9C.