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Madras High CourtHCP(MD)/1392/2022dismissed as infructuous

Nirmala v. The Secretary To Government

2023-06-19Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1392 of 2022 Nirmala ... Petitioner / Wife of the Detenu Vs.

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

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the 2nd respondent in P.D.No.40 of 2022, dated 16.06.2022 and quash the same and direct the respondents to produce the body or person of the detenu, namely, Joyi, S/o.Madhavan, aged about 52 years, now detained at Central Prison, Palayamkottai before this Court and set him at liberty.

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

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor for the respondents has submitted that the date of detention is 16.06.2022. Therefore, one year detention period is over. Hence, this Habeas Corpus Petition has become infructuous. 2.The said position is not controverted by the learned counsel for the petitioner.

3.In view of the same, this Habeas Corpus Petition is dismissed as infructuous.

(R.S.K., J.) & (K.K.R.K, J.) 19.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR 2/4

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

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

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

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR H.C.P.(MD)No.1392 of 2022 19.06.2023 4/4