M.Petchiammal v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1642 of 2022 M.Petchiammal ... Petitioner / Mother of the Detenu Vs.

1.State of Tamil Nadu, Represented by the Additional Chief 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

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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 passed in M.H.S.Confdl.No.146 of 2022 dated 26.08.2022 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's son, i.e., Muthu, aged about 20 years, S/o.Mariappan, 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.Thiruvadi Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner is the mother of the detenu, namely, Muthu, aged about 20 years, S/o.Mariappan. The detenu has been detained by the 2nd respondent by his proceedings in M.H.S.Confdl.No.146 of 2022 dated 26.08.2022, holding him to be a "Drug Offender", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

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2.The learned Additional Public Prosecutor appearing for the respondents has submitted that the detention order, which is impugned herein, has already been revoked by the competent authority. Therefore, the prayer sought for herein has become infructuous. 3.Recording the said statement made by the learned Additional Public Prosecutor for the respondents, this Habeas Corpus Petition stands closed.

(R.S.K., J.) & (K.K.R.K, J.) 24.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

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

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR 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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