Murugesan v. The Principal Secretary To Government

1 H.C.P.(MD)NO.774 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R. POORNIMA H.C.P.(MD)No.774 of 2024 Murugesan ... Petitioner/ Father 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, O/o.the District Collector and District Magistrate, Tiruchirappalli City, Tiruchirappalli.

3. The Superintendent of Prison, Central Prison, Tiruchirappalli.

... Respondents Prayer: Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records pertaining to the impugned detention order passed by the 2nd respondent made in his proceedings in C.No.

63 /Detention/C.P.O/T.C/2024 dated 19.06.2024 in detaining the detenu under sec 2(f) of the Tamilnadu Act 14 of 1982 as Goonda and quash the same and direct the respondents to produce the detenu namely Thangamani, S/o.Murugesan, Male, aged about 37 years, who is detained 1/4

2 H.C.P.(MD)NO.774 OF 2024 in Central Prison, Tiruchirappalli before this Court and set him at liberty. For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. The petitioner's son was detained as Goonda vide order dated 19.06.2024. Representation dated 27.06.2024 was submitted for revocation of the detention order. The Under Secretary dealt with the file on 05.07.2024. However, the Deputy Secretary dealt with the file on 12.07.2024. We notice that there is an unexplained delay of four days in considering the representation. The delay of four days in considering the representation is fatal to the continuance of the detention. 3.In this view of the matter, we hold that the detenue's continued detention is illegal. He shall be set at liberty forthwith unless his detention is otherwise warranted by law.

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3 H.C.P.(MD)NO.774 OF 2024 4.This habeas corpus petition is allowed accordingly. (G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 10th December 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU Note : Issue order copy on 11.12.2024.

To:

1. The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The District Collector and District Magistrate, O/o.the District Collector and District Magistrate, Tiruchirappalli City, Tiruchirappalli.

3. The Superintendent of Prison, Central Prison, Tiruchirappalli.

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

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4 H.C.P.(MD)NO.774 OF 2024 G.R.SWAMINATHAN, J.

AND R. POORNIMA, J.

PMU H.C.P.(MD)No.774 of 2024 10.12.2024 4/4