Petitioner filed a Habeas Corpus petition under Article 226 seeking quashing of a detention order and production of his body. The court found the detention was not approved within 12 days, resulting in release, rendering the petition infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.11.2018
CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI H.C.P.[MD].No.1451 of 2018 Sonaimuthu : Petitioner Vs.
1.The Principal Secretary to Government, Department of Co-operation, Food and Consumer Protection, Secretariat, Chennai – 600009. 2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Madurai District, Madurai.
3.The Additional Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Department of Consumer Affairs), Room No.270, Krishi Bavan, New Delhi – 110001. 4.The Superintendent of Prison, Madurai Central Prison, Madurai District. : Respondents
PRAYER: Petition is 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 C.M.P.No.02/2018(CS) dated 28.09.2018 and quash the same and direct the respondents to produce the body and person of the detenu by name Sonaimuthu, son of Selvam, aged about 29 years, now confining at Madurai Central Prison, before this Court and set him at liberty forthwith.
For Petitioner : Mr.R.Alagumani For R-1, R-2 & R-4 : Mr.K.Dinesh Babu, Additional Public Prosecutor For R-3 : Mr.V.Malaiyendiran, Central Government Standing Counsel
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O R D E R
[Order of the Court was made by R.SUBBIAH, J.]
The present Habeas Corpus Petition has been filed to issue a Writ of Habeas Corpus, to call for the entire records in connection with the detention order of second respondent in C.M.P.No.02/2018(CS) dated 28.09.2018 to quash the same and to direct the respondents to produce the body and person of the detenu by name Sonaimuthu, son of Selvam, aged about 29 years, now confining at Madurai Central Prison, before this Court and set him at liberty forthwith.
consideration, the learned Additional Public Prosecutor produced a copy of the order passed by the second respondent in rp.vk;.gp.vz;.02/2018/F.bgh.7, dated 10.10.2018, informing that the detention of the petitioner has not been approved within 12 days and hence, the petitioner/detenu has been released on 10.10.2018.
Sd/
Assistant Registrar(Crl Side)
/True copy/
Sub Assistant Registrar(CS-I)
To
1.The Principal Secretary to Government, Department of Co-operation, Food and Consumer Protection, Secretariat, Chennai – 600009.
3.The Additional Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Room No.270,Krish Bhavan, New Delhi-110 001
4.The Superintendent of Prison, Madurai Central Prison, Madurai District.
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5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.V.MALAIYENDRAN, Advocate, SR.No. 94599
+1cc to Mr.R.ALAGUMANI, Advocate, SR.No.94847
H.C.P(MD)No.1451 of 2018
08.11.2018
PM
KK/RP/SAR-1/27.11.2018/3P-8C
1 issue framed by the court
Whether the Habeas Corpus Petition survives for adjudication after the detenu was released due to lack of approval within 12 days.
1 provisions across 1 enactments
SONAIMUTHU
PrINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, FOOD AND CONSUMER PROTECTION
DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, MADURAI
ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA
SUPERINTENDENT OF PRISON, MADURAI CENTRAL PRISON
R.SUBBIAH
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
