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Madras High CourtHCP(MD)/457/2020dismissed as infructuous

Ishwarya v. The Principal Secretary To Government

2021-06-23Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD) No.457 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.457 of 2020 Ishwarya ... Petitioner/wife of the detenu -vs1.The State of Tamil Nadu, represented by the Principal Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-9.

2.The District Magistrate and District Collector, Pudukkottai District, Pudukkottai.

3.The Superintendent, Central Prison, Trichy.

4.The Inspector of Police, Aranthangi Police Station, Pudukkottai 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 second respondent in Detention Order PDO.No.48 of 2020, dated 22.5.2020 and to quash the same and to direct the respondents to produce the body or person of the detenu Karthick, son of Elamaran, aged about 31 years, before this Court and set him at liberty, now detained at Central Prison, Trichy.

For Petitioner :

Ms.Prabha for Mr.D.Ramesh Kumar For Respondents :

Mr.S.Ravi, Standing Counsel for the State

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed by the wife of the detenu, namely, Karthick, son of Elamaran, aged about 31 years, challenging the Detention Order in PDO.No.48 of 2020, dated 22.5.2020 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 Standing Counsel for the State/respondents and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.457 of 2020 3.It is represented by the learned counsel for the Petitioner that in this case, the impugned detention order came to be passed on 22.05.2020 and the period of one year got expired on 23.05.2020 and therefore, the prayer sought for in this Habeas Corpus Petition has become infructuous.

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

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 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 Principal Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St.George, Chennai-9.

2.The District Magistrate and District Collector, Pudukkottai District, Pudukkottai.

3.The Superintendent, Central Prison, Trichy.

4.The Inspector of Police, Aranthangi Police Station, Pudukkottai District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD) No.457 of 2020 23.06.2021 KK(30.06.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2