Allowed

Ganeshkumar @ Ganesan v. the Prl. Secretary to Govt.

Madras HC11 Oct 2018HCP(MD)/1104/2018

Case brief

AI extract

What is this about?

This writ petition challenged a detention order passed under the Tamil Nadu Act 14 of 1982 on the ground of non-application of mind by the detaining authority. The High Court quashed the order and directed immediate release unless detention is required for another case.

What did the court decide?

The detention order passed in P.D.O.No.19/2018 is quashed; the detenu is to be set at liberty forthwith unless detention is needed for another case.

Ganeshkumar @ Ganesan Vs the Prl. Secretary to Govt. — Writ and Judicial Review | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 11.10.2018

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

¶6

H.C.P(MD)No.1104 of 2018

¶7

Ganeshkumar @ Ganesan : Petitioner

¶8

Vs.

¶9

State of Tamil Nadu, rep by The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort. St. George, Chennai-9.

¶10

The District Magistrate and District Collector, O/o.The District Magistrate and District Collector, Pudukkottai District, Pudukkottai.

¶11

The Superintendent, Central Prison, Tiruchirappalli. : Respondents

¶12

PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire records in detention order passed in P.D.O.No.19/2018 dated 23.07.2018 on the file of the 2^nd respondent herein and set aside the same as illegal and direct the respondents to produce the petitioner namely Ganeshkumar @ Ganesan, S/o.Rajagopal, male, aged about 23 years, who is detained in Central Prison, Tiruchirappalli before this Court and set him at liberty.

¶13

For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

O R D E R

***************

[Order of the Court was made by M.M.SUNDRESH, J.]

¶18

The petitioner is the detenu – Ganeshkumar @ Ganesan, aged about 23 years, S/o.Rajagopal. The detenu has been detained by the second respondent by his Detention Order in P.D.O.No.19/2018, dated 23.07.2018, holding him to be a "Goonda", as contemplated under Section of 2(f) Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

¶19

2.Despite several opportunities, no counter affidavit has been filed by the learned Additional Public Prosecutor.

¶20

3.Though several grounds have been raised in the Habeas Corpus Petition, learned counsel for the petitioner would mainly focus his argument on the ground that the impugned order of detention suffers from non-application of mind. In that, Detaining Authority has informed knowledge of detenu having moved a bail application in the ground case, however, he has failed to inform the possibility or otherwise of being released on bail. Such position reflects non-application of mind in passing detention order, which, according to the learned counsel for the petitioner, shows total non-application of mind on the part of the Detaining Authority, Which vitiates the order of detention.

¶21

4.We have considered the above submissions.

¶22

5.An identical issue was considered by a Division Bench of this Court in T.Chitra vs. State of Tamil Nadu , reported in 2014 (2) MLJ Crl 72 and the order of detention was set aside on the ground of non-application of mind. Hence, following the said order, the Detention Order, passed by the second respondent in his proceedings in P.D.O.No.19/2018, dated 23.07.2018, is quashed. The detenu, namely, Ganeshkumar @ Ganesan, S/o.Rajagopal, is ordered to be set at liberty forthwith, if his detention is not required in connection with any other case.

¶23

6.In the upshot, we allow the Habeas Corpus Petition.

¶24

Sd/Assistant Registrar (CS-II)

¶25

/True Copy/

¶26

Sub Assistant Registrar (CS-IV)

¶27

https://hcservices.ecourts.gov.in/hcservices/

¶28

¶29

¶30

The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort. St. George, Chennai-9.

¶31

The District Magistrate and District Collector, O/o.The District Magistrate and District Collector, Pudukkottai District, Pudukkottai.

¶32

The Superintendent, Central Prison, Tiruchirappalli.

¶33

The Joint Secretary to Government, Public (Law & Order), Fort St. George, Chennai-9.

¶34

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

¶35

¶36

TE/SKN/SAR-4 : 13/11/2018 : 3P/6C

¶37

ORDER MADE IN H.C.P(MD)No.1104 of 2018 Dated: 11.10.2018

¶38

https://hcservices.ecourts.gov.in/hcservices/

Ganeshkumar @ Ganesan v. the Prl. Secretary to Govt.

Case brief

What is this about?

What did the court decide?

Ganeshkumar @ Ganesan v. the Prl. Secretary to Govt.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Selvaraj, Vs the Thasildar

Jesuraj, Vs the Superintendent of Police

Mariammal Vs the Principal Secretary to

C.Vaiyapuri, Vs the Commissioner

M. Ramu Vs the Superintendent of Police

R. Manimegalai Vs the Principle Secretary to