Tamilselvi v. The Additional Chief Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2025

CORAM

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

1.State represented by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

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

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

... 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 from the second respondent in H.S.(M)Confdl No.98 of 2024, dated 1/5

08.07.2024 by setting aside the said order of detention passed by the second respondent and setting the detenue Muthuraj @ Karthik S/o.Thangaraj, aged about 32 years at liberty now detained in the Central Prison, Palayamkottai.

For Petitioner : Mr.K.Prabhu 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 "Goonda" vide order dated 08.07.2024 by the second respondent. The representation dated 08.08.2024 was submitted seeking its revocation.

3. The Under Secretary dealt with the file on 14.08.2024. However, the Deputy Secretary dealt with the file on 27.08.2024. We notice that there is an unexplained delay of six days in considering the representation.

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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.,) 21.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi Note:Issue Order Copy on 22.01.2025.

To:- 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

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

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

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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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