R.Latha v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.993 of 2023 and Crl.M.P.(MD).No.10518 of 2023 R.Latha .. Petitioner (Mother of Detenu) Vs.

1.State of Tamil Nadu, Represented by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai - 9.

2.The District Collector / District Magistrate, Madurai District, Madurai.

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

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to call for records pertaining to the

proceedings of the second respondent made in his proceedings in B.C.D.F.G.I.S.S.S.V.No.01/2023 dated 11.01.2023 and quash the same and set the petitioner's son by name "Bharath S/o.Rengarajan, aged about 22 years" at liberty from the Superintendent, Central Prison, Madurai. For Petitioner : No appearance For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) It is brought to the notice of this Court by the learned Additional Public Prosecutor appearing for the respondents that earlier the detenu has filed a Habeas Corpus Petition in H.C.P.(MD).No.636 of 2023 challenging the same detention order, which has been allowed by this Court on 27.07.2023.

2. As such, in the present Habeas Corpus Petition, when the petitioner, who is the mother of the detenu, had sought for dispensing with

the certified copy of the detention order, we had declined to allow the petition. However, we had directed the Registry to number the Habeas Corpus Petition on the ground that the non-production of the certified copy of the detention order could be deliberated at a later stage. We are now convinced that the petitioner had suppressed the earlier Habeas Corpus Petition filed by her son. In this background, no further orders are required in the present Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition stands closed. Consequently, Crl.M.P.(MD).No.10518 of 2023 stands closed.

(M.S.R.,J.) (M.N.K.,J.) 28.08.2023 NCC : Yes / No Index : Yes / No Lm

To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Chennai - 9.

2.The District Collector / District Magistrate, Madurai District, Madurai.

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

4.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai.

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

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm H.C.P.(MD)No.993 of 2023 28.08.2023