Kala v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.376 of 2023 Kala ... Petitioner / Mother of the Detenu Vs.

1.The State of Tamil Nadu, Rep. by Additional Chief 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, Central Prison, Palayamkottai, Tirunelveli.

4.The Inspector of Police, Sipcot Police Station, Thoothukudi District.

.. Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records relating to the detention order passed by the 2nd respondent in H.S.(M)Confdl.No.08/2023, dated 12.01.2023 and quash the same and direct the respondents to produce the body or detenu, namely, Anantharaj @ Anand, S/o.Karuppasamy, aged about 28 years now detained at Central Prison, Palayamkottai before this Court and set him at liberty.

For Petitioner : Mr.M.Mano Kumar For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the mother of the detenu viz., Anantharaj @ Anand, S/o.Karuppasamy, aged about 28 years. The detenu has been detained by the second respondent by his order in H.S.(M)Confdl.No. 08/2023, dated 12.01.2023, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2.We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority. 3.Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that though reliance has been placed by the detaining authority on the remand order, the copy of the remand order has not been furnished to the detenu. Therefore, he submitted that on the sole ground, the detention order is liable to be quashed. 4.On consideration of the submissions made on either side and upon perusal of the documents available on record, especially, when the detaining authority has placed reliance upon the remand order, the same has not been furnished to the detenu, which vitiates the order of detention.

5.In the result, the Habeas Corpus Petition is allowed and the order of detention in H.S.(M)Confdl.No.08/2023, dated 12.01.2023 passed by the second respondent is set aside. The detenu, viz., Anantharaj @ Anand, S/o.Karuppasamy, aged about 28 years, is directed to be released forthwith unless his detention is required in connection with any other case. (M.S.R.,J.) & (M.N.K.,J.) 27.07.2023 NCC : Yes / No Index : Yes / No Yuva To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Joint Secretary to Government, Public Law and Order, Fort St.George, Chennai-600 009.

3.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

4.The Superintendent, Central Prison, Palayamkottai, Tirunelveli.

5.The Inspector of Police, Sipcot Police Station, Thoothukudi District.

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

M.S.RAMESH, J.

AND M.NIRMAL KUMAR, J.

Yuva H.C.P.(MD)No.376 of 2023 27.07.2023