Madras High CourtHCP(MD)/2055/2022dismissed as infructuous

Kottalakani v. The Additional Chief Secretary To The Government

2023-06-01Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2023

CORAM

The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.2055 of 2022 Kottalakani .. Petitioner / mother of the detenu Vs.

1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, St. George Fort, Chennai 600 009.

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

3.The Superintendent of Police, Tuticorin District Tuticorin 4.The Superintendent of Prison, Central Prison, Palayamkottai Tirunelveli District.

5.The Inspector of Police, Alwarthirunagari Police station, Tuticorin District .

. Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records relating to the detention order passed by the 2nd respondent in Detention Order on 19.04.2022 in Detention Order in HS (M) Confdl. No.72/2022 and to quash the same and direct the respondents to produce the body or person of the detenu, Sathiyamukesh @ Sathish, S/o.Vijayaraj, (male aged 22 years) before this Court and set him at liberty, now detained at Central Prison, Palayamkottai. For Petitioner : Mr.S.M.Ananthamurugan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed to quash the detention order of the 2nd respondent dated 19.04.2022 in Detention Order in HS (M) Confdl. No.72/2022 and direct the respondents to produce the body or person of the detenu, Sathiyamukesh @ Sathish, S/o.Vijayaraj, (male aged 22 years) before this Court and set him at liberty, now detained at Central Prison, Palayamkottai.

2.The detention order, which is impugned herein, is dated 19.04.2022, 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.

(R.S.K.,J.) (K.K.R.K.,J.) 01.06.2023 Internet : Yes RR To 1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, St. George Fort, Chennai 600 009. 2.The District Magistrate and District Collector Tuticorin District, Tuticorin.

3.The Superintendent of Police, Tuticorin District, Tuticorin 4.The Superintendent of Prison, Central Prison, Palayamkottai Tirunelveli District.

5.The Inspector of Police, Alwarthirunagari Police station, Tuticorin District 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

RR H.C.P.(MD)No.2055 of 2022 01.06.2023