Iyyammal Mathiyalagan v. The Additionl Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2023
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.2122 of 2022 Iyyammal Mathiyalagan .. Petitioner/Mother of the Detenu Vs.
1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.
.. 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 of the second respondent in H.S.(M)Confdl.No.175/22,
dated 25.08.2022, quash the same and direct the respondents to produce the body or person of the detenu by name, Muthuselvan, son of Mathiyazhagan, aged about 22 years, now confined as ''Goonda'' at Palayamkottai Central Prison before this Court and set him at liberty forthwith. For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The petitioner is the mother of the detenu viz., Muthuselvam, S/o.Mathiazhagan, aged about 22 years. The detenu has been detained by the second respondent by his order in H.S.(M) Confdl.No.175/2022, dated 25.08.2022, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
3.Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the copy of the remand order and remand extension order have not been furnished to the detenu in vernacular language, despite the same has been sought by the detenu in his representation. Therefore, on the sole ground, the detention order is liable to be quashed.
4. On consideration of the submissions made on either side and upon perusal of the documents available on record, it is seen that the detenu had sought the remand order of the learned Judicial Magistrate, No.III, Thoothukudi, however, the same has not been furnished to him in vernacular language, which vitiates the order of detention.
5. In the result, the Habeas Corpus Petition is allowed and the order of detention in H.S.(M)Confdl. No.175/2022, dated 25.08.2022, passed by the second respondent is set aside. The detenu, viz., Muthuselvam, aged
about 22 years, S/o.Mathiazhagan, is directed to be released forthwith unless his detention is required in connection with any other case. NCC : Yes / No (M.S.R.,J.) (M.N.K.,J.) Index : Yes / No 07.07.2023 To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.S.RAMESH, J.
and M.NIRMAL KUMAR, J.
smn2/RR H.C.P.(MD)No.2122 of 2022 07.07.2023