Pappa v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2025
CORAM:
THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE Mr.JUSTICE R.VIJAYAKUMAR H.C.P.(MD) Nos.1548,1550, 1552, 1554 & 1584 of 2024 H.C.P(MD)No.1548 of 2024 Pappa ... Petitioner Vs
1. The State of Tamil Nadu, Rep By, The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Sivagangai District, Sivagangai.
3. The Superintendent of Prison, Madurai Central Prison, Madurai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the entire records, connected with the detention order of the Respondent No.2 in Cr.M.P.No. 45/S.O/2024, dated 18.11.2024 and quash the same and direct the 1/10
respondents to produce the body or person of the detenu by name Ajaikumar, S/o.Pothuraja, aged about 18 years, now detained as "Sexual Offender" at Madurai Central Prison before this Court and set him at liberty forthwith.
H.C.P.(MD) No.1550 of 2024 Sathyapriya ... Petitioner Vs
1. The Additional Chief Secretary to the Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Sivagangai District, Sivagangai.
3. The Superintendent of Prison, Madurai Central Prison, Madurai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the entire records, connected with the detention order of the Respondent No.2 in Cr.M.P.No. 42/S.O/2024, dated 18.11.2024 and quash the same and direct the respondents to produce the body or person of the detenu by name Muthukumar, S/o.Shanmugavelu, aged about 24 years, now detained as "Sexual Offender" at Madurai Central Prison before this Court and set him at liberty forthwith.
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H.C.P.(MD) No.1552 of 2024 Mareeshwari ... Petitioner Vs
1. The Additional Chief Secretary to the Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Sivagangai District, Sivagangai.
3. The Superintendent of Prison, Madurai Central Prison, Madurai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the entire records, connected with the detention order of the Respondent No.2 in Cr.M.P.No. 46/S.O/2024, dated 18.11.2024 and quash the same and direct the respondents to produce the body or person of the detenu by name Thava Muniyasamy, S/o.Muniyandi, aged about 26 years, now detained as "Sexual Offender" at Madurai Central Prison before this Court and set him at liberty forthwith.
H.C.P.(MD) No.1554 of 2024 3/10
Ramalakshmi ... Petitioner Vs
1. The Additional Chief Secretary to the Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Sivagangai District, Sivagangai.
3. The Superintendent of Prison, Madurai Central Prison, Madurai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the entire records, connected with the detention order of the Respondent No.2 in Cr.M.P.No. 43/S.O/2024, dated 18.11.2024 and quash the same and direct the respondents to produce the body or person of the detenu by name Ramasamy, S/o.Thanikodi, aged about 24 years, now detained as "Sexual Offender" at Madurai Central Prison before this Court and set him at liberty forthwith.
H.C.P.(MD) No.1584 of 2024 Panjavarnam ... Petitioner Vs
1. The Additional Chief Secretary to the Government, 4/10
The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Sivagangai District, Sivagangai.
3. The Superintendent of Prison, Madurai Central Prison, Madurai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the entire records, connected with the detention order of the Respondent No.2 in Cr.M.P.No. 44/S.O/2024, dated 18.11.2024 and quash the same and direct the respondents to produce the body or person of the detenu by name Vilvakumar, S/o.Poovalingam, aged about 25 years, now detained as "Sexual Offender" at Madurai Central Prison before this Court and set him at liberty forthwith.
For Petitioners : Dr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor C O M M O N O R D E R (Order of the Court was made by C.V.KARTHIKEYAN,J.) 5/10
These Habeas Corpus Petitions are separate, but similar explanations have been forwarded by the District Munsif-cum-Judicial Magistrate No.I, Kodaikanal, dated 14.10.2025, who was earlier working as Judicial Magistrate at Manamadurai.
2. We had called for an explanation since in the remand of the accused dated 19.09.2024 in each one of the above Habeas Corpus Petitions, we found that there was no Court seal affixed in the remand order. There was no Court seal affixed in the remand extension order on 03.10.2024. In his explanation, the Judicial Officer has stated that since the remand was 09.00 PM at his residence in Manamadurai after the Court working hours on 19.09.2024, he had affixed "No Seal" in the remand warrant. He had however stated that there is no practice to affix the Court Seal at the time of remand extension.
3. We are not inclined to take up the issue as against the Judicial Officer but would view it on a wider perspective and direct that the Judicial Officers have to affix the Court Seal whenever any judicial order is passed and also when an accused is produced at the residence after the Court working hours. The Court Staff shall affix the Court seal. 6/10
When the Court staffs are able to produce the Court records relating to the remand order they could also be authorised to produce and affix the Court seal.
4. We would therefore, direct the Registry to forward the explanation forwarded by the District Munsif-cum-Judicial Magistrate No.I, Kodaikanal in each one of the Habeas Corpus Petition to the Registrar General, High Court, Chennai, who may forward the same to the Tamil Nadu Judicial Academy, Chennai to examine the issue and give necessary directions to all the Judicial Magistrates during the training session. After following due procedure, a circular may be issued by the Registry that whenever remand orders are passed, even after the Court hours, necessarily, the Court staff have to affix the Court Seal in the remand order, which would show that the remand orders are authentic and that the judicial order had been passed applying judicial mind.
5. These Habeas Corpus Petitions need not be listed again. (C.V.K., J.) (R.V., J.) 22.10.2025 7/10
Index : Yes / No NCC : Yes / No Internet : Yes am To
1. The Registrar General, High Court, Madras.
2.The Director, Tamil Nadu State Judicial Academy, Chennai.
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C.V.KARTHIKEYAN, J.
and R.VIJAYAKUMAR, J.
am H.C.P.(MD) Nos.1548,1550, 1552, 1554 & 1584 of 2024 9/10
22.10.2025 10/10