T.Malar v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.2106 of 2022 T.Malar ... Petitioner / Detenue's Mother Vs.

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

2.The District Collector & District Magistrate, Pudukkottai District, Pudukkottai.

3.The Superintendent of Prison, Central Prison, Thriuchirappalli-620 020.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records pertaining to the impugned detention order passed by the 2nd respondent made in his proceedings in Detention Order P.D.O.No.16/2022, dated 18.03.2022, detaining the detenue under Section 2(ggg)of the Tamil Nadu Act 14 of 1982 as a "Sexual Offender" and quash the same and direct the respondents to produce the detenue, namely, Dinesh @ Dinesh Kumar, S/o.Theethaiah 1/4

aged about 19 years, who is detained in Central Prison, Trichy before this Court and set him at liberty.

For Petitioner : Mr.A.Joseph Jerry For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner is the mother of the detenu, namely, Dinesh @ Dinesh Kumar, S/o.Theethaiah, aged about 19 years. The detenu has been detained by the 2nd respondent by his proceedings in Detention Order P.D.O.No.16/2022, dated 18.03.2022, holding him to be a "Sexual Offender", as contemplated under Section 2(ggg) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition. 2.Though the detention order has been passed by the detaining authority on 18.03.2022, this Habeas Corpus Petition was filed belatedly ie., on 21.12.2022 and one year detention period was over on 18.03.2023. In the meanwhile, the detenu has been convicted in the ground case by 2/4

judgment dated 28.11.2022 in Spl.S.C.No.20 of 2022 on the file of the Mahila Court, Pudukkottai.

3.Recording the aforesaid submission, as nothing survives for further adjudication in this petition, this Habeas Corpus Petition is closed. (R.S.K., J.) & (K.K.R.K, J.) 20.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector & District Magistrate, Pudukkottai District, Pudukkottai.

3.The Superintendent of Prison, Central Prison, Thriuchirappalli-620 020.

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

3/4

R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR H.C.P.(MD)No.2106 of 2022 20.03.2023 4/4