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Madras High CourtHCP(MD)/649/2025dismissed

B.Muthumari v. The State Of Tamilnadu

2025-12-04Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA B.Muthumari ... Petitioner -vs1.State of Tamil Nadu, Rep. by the Additional Chief 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 Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order passed in M.H.S.Confdl.No.22/2025, dated 27.02.2025, on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's husband i.e., Babu, aged about 41 years, S/o.Piramuthu, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner :

Mr.N.Pragalathan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.K. ILANTHIRAIYAN,J.) The petitioner is the wife of the detenu viz., Babu, son of Piramuthu, aged about 41 years. The detenu has been detained by the second respondent by his order in M.H.S.Confdl.No.22/2025, dated 27.02.2025 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this habeas corpus petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3. The learned counsel appearing for the petitioner would submit that the representation submitted by the detenu was not considered in time.

4. On a perusal of the counter affidavit filed by the respondents and the submission made by the learned Additional Public Prosecutor appearing for the respondents reveals that the petitioner has submitted a representation on 09.06.2025 and it was received by the Government on 12.06.2025 and the same was rejected on 18.06.2025 and it was also duly served on the detenu on the same day. Therefore, this Court finds no delay in considering the representation submitted by the detenu. Except this ground, the detenu has not raised any other grounds to quash the detention order.

5. In view of the above, we find no infirmity or illegality in the order passed by the detaining authority and it is liable to be dismissed. Accordingly, this habeas corpus petition is dismissed. [G.K.I., J.] [R.P., J.] 04.12.2025 am NCC :Yes/No Index: Yes/No Internet: Yes/No

To 1.The Additional Chief 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 Prison, Central Prison, Palayamkottai, Tirunelveli.

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

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

am 04.12.2025