Quashed

Sivagamasundhari v. the Secretary to the Government

Madras HC10 Dec 2024HCP/2660/2024

Case brief

AI extract

What is this about?

The High Court quashed a detention order issued under the relevant Detention Act due to a lapse of over one month between arrest and order issuance, holding this delay indicated failure of the authority to apply its mind, and ordered the detenue's release.

What did the court decide?

The detention order dated 03.10.2024 passed by the District Collector is quashed and the detenu Natarajan is directed to be set at liberty forthwith unless required for another case.

Sivagamasundhari Vs the Secretary to the… — Pension and Retirement Benefits | Madras HC (2024)

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HCP.No.2660 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.12.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

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H.C.P.No.2660 of 2024

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Sivagamasundhari ... Petitioner /wife of the detenu

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The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat,

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Chennai 600 009.

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2 The District Collector and District Magistrate, Cuddalore District , Cuddalore.

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3 The Superintendent Of Police Cuddalore District , Cuddalore.

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4 The Superintendent Of Prison Central Prison, Cuddalore - 4.

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5 The Inspector Of Police Neyveli Thermal Police Station, Cuddalore District.

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... Respondents

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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HCP.No.2660 of 2024

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PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records, in Connection with the order of Detention passed by the second respondent dated 03.10.2024 in C3/D.O.NO.81/2024 against the petitioner husband NATARAJAN @ IYYAPPAN MALE AGED 32 YEARS S/O.GUNASEKARAN who is confined at Central Prison Cuddalore and set aside the same and direct the Respondents to produce the detenue before the Honble Court and set him at Liberty.

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For Petitioner : Mr. P. Raman For Respondents : Mr.R. Muniyapparaj Additional Public Prosecutor

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ORDER

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(Order of the Court is made by S.M.SUBRAMANIAM, J. )

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The order of detention passed by the second in C3/D.O.NO.81/2024, dated

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03.10.2024 is sought to be quashed in the present Habeas Corpus Petition.

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A perusal of the documents relied on by the detaining authority would

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reveal that, the detenu had been arrested on 24.08.2024, however the impugned order of detention has been issued on 03.10.2024, after a lapse of more than one month.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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HCP.No.2660 of 2024

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The fact about the long delay would be sufficient to drop an inference that the detaining authority has failed to apply their mind for the purpose of issuing the impugned order under Act 14 of 1982.

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Hence, for the aforesaid reason, the detention order passed by the second respondent in C3/D.O.NO.81/2024, dated 03.10.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., Natarajan @ Iyyappan, S/o.Gunasekaran, aged 32 years, confined at Central Prison, Cuddalore, is directed to be set at liberty forthwith, unless he is required in connection with any other case.

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[S.M.S., J.] [M.J.R., J.] 10.12.2024 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No

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mrp

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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HCP.No.2660 of 2024

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S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.

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mrp

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The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

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2 The District Collector and District Magistrate, Cuddalore District , Cuddalore.

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3 The Superintendent Of Police Cuddalore District , Cuddalore.

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4 The Superintendent Of Prison Central Prison, Cuddalore - 4.

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5 The Inspector Of Police Neyveli Thermal Police Station, Cuddalore District.

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The Public Prosecutor, High Court, Madras.

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H.C.P.No.2660 of 2024

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10.12.2024

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Page 4 of 4

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https://www.mhc.tn.gov.in/judis

Sivagamasundhari v. the Secretary to the Government

Case brief

What is this about?

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Sivagamasundhari v. the Secretary to the Government

Case brief

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