Madras High CourtHCP(MD)/1352/2019dismissed as infructuous

P. Esakki Pandi v. The Additiional Chief Secretary To Government

2020-12-14Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD) No.1352 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.1352 of 2019 P.Esakki Pandi ... Petitioner/Father of Detenue -vs1.State of Tamil Nadu rep.by the Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St.George, 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 is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus calling for the entire records connected with the detention order passed in M.H.S.Confdl.No.98/2019, dated 12.12.2019, 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., Raja alias Esakkiraja alias Coastrider Raja, aged about 19 years, son of Esakkipandi, now detained at Central Prison, Palayamkottai, before this Court and set him at liberty forthwith. For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM, J.) When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the impugned detention order came to be passed on 12.12.2019 and the period of one year got expired on 11.12.2020 and therefore, the prayer sought for in this habeas corpus petition has become infructuous.

2. Recording the above submission of the learned counsel https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1352 of 2019 for the petitioner, the habeas corpus petition is dismissed as infructuous.

Sd/- Assistant Registrar (AE) // True Copy // / /2020 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

krk To:

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

H.C.P.(MD) No.1352 of 2019 14.12.2020 NA(CO) KK(23.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2