Madras High CourtHCP(MD)/317/2020allowed

K.Thangapandian v. The Secretary To Government

2021-06-01Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE R.THARANI K.Thangapandian ... Petitioner/Father of the detenue -vs1.State of Tamil Nadu, Rep. by the Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus to call for the entire records connected with the detention order passed in P.D.No.12/2020 dated 29.04.2020 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely, the petitioner's son i.e., Kasi @ Suji @ Demo, aged about 26 years, S/o Thangapandian, now detained at Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.S.Ravi Standing Counsel for Tamil Nadu Government 1/3

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] It is represented by the learned counsel for the petitioner that in this case, the impugned detention order came to be passed on 29.04.2020 and the period of one year got expired on 30.04.2020 and therefore, the prayer sought for in this habeas corpus petition has become infructuous.

2.Recording the same, this habeas corpus petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) skn 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 Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

2/3

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

01.06.2021 KM(14.06.2021) 3P 5C 3/3