Pitchamani v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Pitchamani ... Petitioner/Brother of the detenue Vs.

1.State of Tamil Nadu, represented by the Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Secretariat, Chennai -9.

2.The District Magistrate and District Collector, O/o. The District Magistrate and District Collector, Pudukottai District, Pudukottai.

3.The Superintendent, Central Prison, Tiruchirapalli.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, calling for the entire records in detention order passed in P.D.O.No.58 of 2020, dated 03.07.2020, on the file of the second respondent herein and set aside the same as illegal and direct the respondents to produce the body or person of the petitioner's brother namely Panneer, S/o. Karuppusamy, aged 41 years, who is detained in Central Prison, Tiruchirapalli, before this Court and set him at liberty. For Petitioner :

Mr.K.G.Arun 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 brother of the detenu, namely, Panneer, S/o. Karuppusamy, aged about 41 1/3

years, challenging the Detention Order in P.D.O.No.58 of 2020, dated 03.07.2020, 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 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 03.07.2020 and the period of one year got expired on 04.07.2021 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 infructuous.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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, Government of Tamil Nadu, Home, Prohibition and Excise (XVI) Department, Secretariat, Chennai -9.

2.The District Magistrate and District Collector, O/o. The District Magistrate and District Collector, Pudukottai District, Pudukottai.

3.The Superintendent, Central Prison, Tiruchirapalli.

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

ORDER MADE IN 06.07.2021 CN(13.07.2021) 3P 5C 3/3