Jothilakshmi v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Jothilakshmi ... Petitioner / Wife of the Detenue Vs.

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

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

3.The Superintendent, Madurai Central Prison, Madurai.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to call for the records connected with the detention order of the second respondent in Detention Order No.35/2024, dated 03.07.2024 and quash the same and direct the 1/4

respondents to produce the petitioner's husband body or person by name Ranjithkumar, Male, aged about 30 years S/o.PalPandiyan, detained as a Drug Offender and lodged in Madurai Central Prison before this Court and set him at liberty forthwith.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor.

O R D E R

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

2. The petitioner's husband was detained as "Drug Offender" vide order dated 03.07.2024. The representation dated 13.07.2024 was submitted for revoking the detention order.

3. The file was submitted on 18.07.2024. However, the Deputy Secretary dealt with the file on 26.07.2024. We notice that there is a delay of five days in considering the representation. There is no proper explanation for the same.

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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.

5.This Habeas Corpus Petition is allowed accordingly. (G.R.S. J.,) & (R.P. J.,) 06.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi Note:Issue Order Copy on 07.01.2025.

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

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

3.The Superintendent, Madurai Central Prison, Madurai.

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

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