Madras High CourtHCP(MD)/1637/2022dismissed as infructuous

Gnanaselvi v. The Principal Secretary To Government

2023-07-31Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1637 of 2022 Gnanaselvi .. Petitioner / Wife of Detenu Vs.

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

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

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

.. Respondents PRAYER: Habeas Corpus 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 passed in M.H.S.Confdl.No.

127/2022, dated 27.07.2022, 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 i.e., the petitioner's husband i.e., Abraham, S/o.Sundar Raj, aged about 46 years, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

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

ORDER

(Order of the Court was made by M.S.RAMESH, J.) This Habeas Corpus Petition has been filed to quash the detention order of the 2nd respondent in M.H.S.Confdl.No.127/2022, dated 27.07.2022 and direct the respondents to produce the detenu or body of the detenu namely Abraham, S/o.Sundar Raj, aged about 46 years, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

2.The detention order, which is impugned herein, is dated 27.07.2022, as such, the detention period of one year is already over and hence, this petition has become infructuous. Accordingly, this Habeas Corpus Petition is dismissed as infructuous.

(M.S.R.,J.) (M.N.K.,J.) 31.07.2023 NCC : Yes / No Internet : Yes PNM/RR To 1.The Principal Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

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

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

M.S.RAMESH, J.

and M.NIRMAL KUMAR,J.

PNM/RR H.C.P.(MD)No.1637 of 2022 31.07.2023