Madras High CourtHCP(MD)/1850/2022dismissed as infructuous

Poolammal v. The Additional Chief Secretary To Government

2023-07-03Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar4 pages

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.1850 of 2022 Poolammal .. Petitioner /Mother of the detenu Vs.

1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise IX, Secretariat, George Fort, Chennai - 600 009.

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

3.The Superintendent of Central Prison, Coimbatore Central Prison, Coimbatore.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records on the file of the 2nd

respondent in and set aside the order of detention passed therein in M.H.S Confdl No.112/2022 dated 01.07.2022; direct the respondents to produce the detenu by name N.Iyyappan male aged 29 years, S/o.Nambirajan before this Court, now detained at Central Prison, Coimbatore and set him at liberty forthwith.

For Petitioner : Mr.J.William Christopher 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.112/2022 dated 01.07.2022 and direct the respondents to produce the detenu by name N.Iyyappan, aged about 29 years, S/o.Nambirajan, now confining as Goonda at Central Prison, Coimbatore, before this Court and set him at liberty forthwith.

2. The detention order, which is impugned herein, is dated 01.07.2022, 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.) 03.07.2023 NCC : Yes / No Index : Yes / No Lm/RR To 1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise IX, Secretariat, George Fort, Chennai - 600 009.

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

3.The Superintendent of Central Prison, Coimbatore Central Prison, Coimbatore.

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.1850 of 2022 03.07.2023