Ragubalan v. The Secretary To Government

1 H.C.P.(MD)NO.795 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R. POORNIMA H.C.P.(MD)No.795 of 2024 Ragubalan ... Petitioner / Detenu Vs.

1. The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2. The District Collector and District Magistrate, O/o.the District Collector and District Magistrate, Kanyakumari at Nagercoil.

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

... Respondents Prayer: Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records connected with the detention order of the second respondent in P.D.No.26/2024 dated 24.05.2024 and quash the same and direct the respondents to produce the body or person of the detenu by name Ragubalan, S/o.Arikrishna Perumal, aged about 26 years, now detained as Goonda at Palayamkottai Central Prison before this Court and set him at liberty forthwith.

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2 H.C.P.(MD)NO.795 OF 2024 For Petitioner : Mr.R.Alagumani 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 was detained as "Goonda" vide order dated 24.05.2024. Representation dated 24.06.2024 was submitted seeking revocation of the detention order.

3. The Under Secretary dealt with the file on 01.07.2024. However, the Deputy Secretary dealt with the file on 12.07.2024. We notice that there is an unexplained delay of eight days in considering the representation. The delay of eight days in considering the representation is fatal to the continuance of the detention. 4.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.795 OF 2024 5.This habeas corpus petition is allowed accordingly. (G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 2nd December 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2. The District Collector and District Magistrate, O/o.the District Collector and District Magistrate, Kanyakumari at Nagercoil.

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

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

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4 H.C.P.(MD)NO.795 OF 2024 G.R.SWAMINATHAN, J.

AND R. POORNIMA, J.

PMU H.C.P.(MD)No.795 of 2024 02.12.2024 4/4