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Madras High CourtHCP(MD)/1002/2022dismissed as infructuous

M.Selvan Gopi Suresh v. The Additional Chief Secretary To Government

2023-06-01Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2023

CORAM

The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.1002 of 2022 M.Selvan Gopi Suresh .. Petitioner / Son of the detenu Vs.

1.State of Tamil Nadu Rep. by the Principal Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009.

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

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

. Respondents

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 MHS Confdl. No.81 of 2022 dated 23.05.2022 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 father ie., Muthiah aged about 55 years, S/o.Chellaiah, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed to quash the detention order of the 2nd respondent in MHS Confdl. No.81 of 2022 dated 23.05.2022 and direct the respondents to produce the detenu or body of the detenu namely the petitioner's father ie., Muthiah aged about 55 years, S/o.Chellaiah, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

2.The detention order, which is impugned herein, is dated 23.05.2022, as such, the detention period of one year is already over and hence, this petition has become infructuous. Accordingly, this Habeas Corpus Petition is dismissed as infructuous.

(R.S.K.,J.) (K.K.R.K.,J.) 01.06.2023 Internet : Yes RR To 1.The Principal Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009.

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

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

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

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

RR H.C.P.(MD)No.1002 of 2022 01.06.2023