A habeas corpus petition challenging a preventive detention order was disposed of as closed and infructuous. The court accepted the state's submission that the detention order was correctly served on the detenu, rendering the petition moot.
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H.C.P.No.922 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
H.C.P.No.922 of 2023
S.Papa
.. Petitioner
Vs.
State of Tamilnadu Rep. by 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai – 600 009.
2.The District Magistrate and District Collector, Tiruppur District, Tiruppur.
3.The Superintendent of Police, Tiruppur District, Tiruppur.
H.C.P.No.922 of 2023
4.The Superintendent of Prison, Central Prison, Coimbatore.
5.The Inspector of Police, All Women Police Station - Avinashi, Tiruppur District, Tiruppur. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records pertaining to the order of detention passed by the 2nd respondent in Cr.M.P.No.38/Sexual Offender/2022 dated 26.07.2022 against the petitioner’s son Murugan male aged 26 years son of Sudalaimuthu now confined in Central Prison, Coimbatore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.K.Shyam Srinivasan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.]
When the matter was taken up, learned Additional Public
Prosecutor pointed out that impugned preventive detention order is dated
H.C.P.No.922 of 2023
26.07.2022 and it was served on the detenu on 27.07.2022 and therefore, 27.07.2022 is the date of detention pursuant to the impugned preventive detention order. In this view of the matter, captioned HCP has become infructuous is learned Public Prosecutor’s say.
2. Having perused the case file we find that the dates are correct
and therefore captioned HCP is disposed of as closed having become
infructuous.
(M.S., J.) (R.S.V., J.) 14.09.2023
Index : Yes/No Speaking order/Non speaking order Neutral Citation : Yes/No rsi
H.C.P.No.922 of 2023
M.SUNDAR, J. and R.SAKTHIVEL, J.
rsi
To
H.C.P.No.922 of 2023
14.09.2023
1 issue framed by the court
Whether the habeas corpus petition filed regarding detention order has become infructuous due to correct service dates.
S.Papa
State of Tamilnadu Rep. by 1.The Secretary to Government
District Magistrate and District Collector, Tiruppur
Superintendent of Police, Tiruppur District
Superintendent of Prison, Central Prison, Coimbatore
Inspector of Police, All Women Police Station - Avinashi
M.Sundar
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
