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Madras High CourtHCP(MD)/1773/2022dismissed as infructuous

Mohamad Kasim v. The Additional Chief Secretary To Government

2023-07-27Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1773 of 2022 Mohamad Kasim ... Petitioner / Detenu Vs.

1.State of Tamil Nadu Represented by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

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

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records relating to the detention order passed by the 2nd respondent in M.H.S.Confdl.No.72/2022, dated 29.07.2022 and quash the same and direct the respondents to produce

the body or detenu, namely, Mohamad Kasim, S/o.Mohamad Kani, aged about 19 years now detained at Central Prison, Palayamkottai, Tirunelveli before this Court and set him at liberty.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) Today, when the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents submitted that the date of detention is 29.07.2022. Therefore, one year detention period is over. Hence, this Habeas Corpus Petition has become infructuous. Therefore, this Habeas Corpus Petition is dismissed as infructuous.

(M.S.R.,J.) & (M.N.K.,J.) 27.07.2023 NCC : Yes / No Index : Yes / No Yuva

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

2.The Joint Secretary to Government, Public Law and Order, Fort St.George, Chennai-600 009.

3.The District Collector and District Magistrate, Tenkasi District, Tenkasi.

4.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.

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

M.S.RAMESH, J.

AND M.NIRMAL KUMAR, J.

Yuva H.C.P.(MD)No.1773 of 2022 27.07.2023