Wife filed a habeas corpus petition challenging a preventive detention order branding her husband a Goonda. The Additional Public Prosecutor produced the Government order revoking the detention; the Court dismissed the petition as 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.
H.C.P.No.169 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.169 of 2024
P.Mathangi ... Petitioner/wife of the detenue
Vs.
1.State rep. by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
2.The District Collector and District Magistrate, Tiruvarur District, Tiruvarur.
3.The Superintendent of Police, Tiruvarur District, Tiruvarur.
4.The Inspector of Police, Peralam Police Station, Nannilam Taluk & Tiruvarur District.
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H.C.P.No.169 of 2024
5.The Superintendent of Central Prison, Trichy District.
... Respondents
Prayer : Habeas Corpus Petition filed und er Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the records made in COC.No.70 of 2023 dated 31.12.2023 on the file of the second respondent herein and quash the same as illegal and direct the respondents to produce the detenue, Padaleeswaran @ Padalees, S/o.Anbalagan, aged about 45 years now confined at Central Prison, Tiruchirappalli, before this Court and set him at liberty.
For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind
O R D E R
M.S.RAMESH, J. and SUNDER MOHAN, J.
The petitioner is the wife of the detenu viz., Padaleeswaran @ Padalees, S/o.Anbalagan, aged about 45 years, now confined at Central Prison, Tiruchirappalli, has come forward with this petition challenging the detention order passed by the second respondent dated 31.12.2023 slapped
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H.C.P.No.169 of 2024
on her husband, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982].
2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the petitioner's husband, dated 31.12.2023 has been revoked by the Government in G.O.Rt.No.900, Home, Prohibition and Excise (XV) Department, dated 15.02.2024 and he has also produced a copy of the said order.
Prosecutor, this petition is dismissed as the same has become infructuous.
[M.S.R., J] [S.M., J] 03.06.2024
Anu Internet : Yes Index : Yes / No Neutral Citation : Yes / No
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H.C.P.No.169 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
Anu
To
1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
2.The District Collector and District Magistrate, Tiruvarur District, Tiruvarur.
3.The Superintendent of Police, Tiruvarur District, Tiruvarur.
4.The Inspector of Police, Peralam Police Station, Nannilam Taluk & Tiruvarur District.
5.The Superintendent of Central Prison, Trichy District.
6.The Public Prosecutor, High Court, Madras.
H.C.P.No.169 of 2024
03.06.2024
Page 4 of 4
2 provisions across 2 enactments
P.Mathangi
State rep. by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9
The District Collector and District Magistrate, Tiruvarur District, Tiruvarur
The Superintendent of Police, Tiruvarur District, Tiruvarur
The Inspector of Police, Peralam Police Station
The Superintendent of Central Prison, Trichy District
M.S.Ramesh
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.S.Ramesh and Sunder Mohan
