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Madras High CourtHCP(MD)/1422/2024dismissed as infructuous

Shajitha v. The State Of Tamil Nadu

2025-08-26Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA HABEAS CORPUS PETITION(MD)No.1422 of 2024 Shajitha ... Petitioner vs.

1. State of Tamil Nadu rep. by the Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai -600 009.

2. The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order passed in P.D.No.36 /2024, dated 20.08.2024 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's husband i.e., Muhamed Page No.1 of 4

Samnath, aged about 37 years, S/o.Abdhul Nazar, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith. For Petitioner : Mr.N. Pragalathan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner is the wife of detenu viz., Muhamed Samnath, aged about 37 years, S/o.Abdhul Nazar. The detenu has been detained by the second respondent by his order in P.D.No.36 /2024, dated 20.08.2024, holding him to be a "sexual offender", as contemplated under Section 2(ggg) of Tamil Nadu Act 14 of 1982, The said order is under challenge in this habeas corpus petition.

2. 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 20.08.2024 and the period of one year expired on 20.08.2025 and therefore, the prayer sought for in this habeas corpus petition has become infructuous.

3. Recording the above submission of the learned counsel for the Page No.2 of 4

petitioner, the habeas corpus petition is dismissed as infructuous. [A.D.J.C., J.] [R.P., J.] 26.08.2025 Index : Yes / No : Yes / No trp To:

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

2. The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

4. The Additional Public Prosecutor, Madurai Bench of Madars High Court, Madurai.

Page No.3 of 4

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

trp ORDER MADE IN DATED : 26.08.2025 Page No.4 of 4