P.Arumugam v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA P.Arumugam ... Petitioner / Father of the Detenu Vs.

1.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, Thoothukudi District, Thoothukudi.

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

... 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 entire records connected with the detention order passed in H.S.(M)Confdl.No. 1/4

58 of 2024 dated 18.05.2024 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 son ie., Ramesh Revinth, aged about 24 years, S/o.Arumugam, 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 delivered by G.R.Swaminathan, J.) Heard both sides.

2. The petitioner's son was detained as "Goonda" vide order dated 18.05.2024 by the second respondent. The representation dated 22.08.2024 was submitted seeking revocation of the detention order.

3. The Under Secretary dealt with the file on 30.08.2024. However, the Deputy Secretary dealt with the file on 06.09.2024. We notice that there is an unexplained delay of four days in considering the representation. The delay of four days in considering the representation is fatal to the continuance of the detention. 2/4

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.,) 26.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi Note:Issue Order Copy on 28.11.2024.

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

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

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

3/4

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

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

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