S.Arumugam v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1697 of 2022 S.Arumugam .. Petitioner /Father 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 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.105/2022 dated 27.06.2022 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 namely the petitioner's son i.e., Perumal Subramanian alias Batcha, aged about 19 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.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.105/2022 dated 27.06.2022 and direct the respondents to produce the detenu or body of the detenu, namely, the petitioner's son, i.e., Perumal Subramanian alias Batcha, aged about 19 years, S/o.Arumugam, now confining as Goonda at Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

2. The detention order, which is impugned herein, is dated 27.06.2022, 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.) 03.07.2023 NCC : Yes / No Index : Yes / No Lm/RR To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, 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.

Lm/RR H.C.P.(MD)No.1697 of 2022 03.07.2023