Muthuvalli v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

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

1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600009.

2.The District Magistrate and District Collector, Office of the District Magistrate and District Collector, Dindigul District, Dindigul.

3.The Superintendent of Prison, Madurai Central Prison, Madurai 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 entire records connected with the detention order of the second respondent in 1/4

Detention Order No.72/2024, dated 15.07.2024 and quash the same and direct the respondents to produce the body or person of the detenue by name Sankareswaran son of Lingam, aged about 22 years, now confining at Madurai Central Prison before this Court and set him at liberty forthwith.

For Petitioner : Dr.R.Alagumani 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 15.07.2024. The representation dated 11.09.2024 was submitted seeking revocation of the detention order.

3. The deputy secretary dealt with the file on 23.09.2024. The Hon'ble Minister dealt with the file on 28.09.2024. We notice that there is an unexplained delay of 4 days in considering the representation. 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.,) 28.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi Note:Issue Order Copy on 29.01.2025.

To:- 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600009.

2.The District Magistrate and District Collector, Office of the District Magistrate and District Collector, Dindigul District, Dindigul.

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

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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