Allowed

Dhanalakshmi v. the Government of Tamil Nadu

Madras HC17 Dec 2024HCP/2871/2024

Case brief

AI extract

What is this about?

Habeas corpus petition challenging a preventive detention order against the petitioner's husband held in Central Prison, Cuddalore. The court found the ground case did not attract public disorder and was punishable under ordinary penal law, set aside the detention order and directed the detenu's release.

What did the court decide?

Detention order D.O.No.C2/64/2024 dated 23.10.2024 set aside; detenu Durai Arasan directed to be set at liberty forthwith unless required in any other case.

Dhanalakshmi Vs the Government of Tamil Nadu — Quashing and FIR | Madras HC (2024)

¶1

H.C.P.No.2871 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 17.12.2024

¶4

CORAM :

¶5

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND

¶6

THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

¶7

H.C.P.No.2871 of 2024

Dhanalakshmi

W/o Durai Arasan

.. Petitioner

The Government of Tamil Nadu rep by its Secretary Home, Prohibition and Excise (XVI) Department Fort St.George, Chennai 600 009

¶13

The District Magistrate and District Collector Office of District Collector Kallakurichi District, Kallkurichi

¶14

The Superintendent of Police Kallakurichi District, Kallkurichi

¶15

The Superintendent Central Prison, Cuddalore

¶16

The Inspector of Police All Women Police Station Ulundurpet, Kallakurichi District

¶17

.. Respondents

¶18

_____________ Page 1 of 5_

¶19

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

¶20

H.C.P.No.2871 of 2024

¶21

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, calling for the records in detention order vide D.No.C2/64/2024 dated 23.10.2024 on the file of the 2^nd respondent and quash the same and direct the respondents herein to produce the petitioner's husband V.Durai Arasan, S/o Veerasamy, aged about 52 years, the detenu now confined in Central Prison, Cuddalore before this Hon'ble Court and set him at liberty.

¶22

For Petitioner :: Mr.K.Kannan

¶23

For Respondents :: Mr.R.Muniyapparaj Additional Public Prosecutor

¶24

ORDER

¶25

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

¶26

The order of detention passed by the second respondent in proceedings D.O.No.C2/64/2024 dated 23.10.2024 is sought to be quashed in the present habeas corpus petition.

¶27

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.

¶28

The impugned detention order has been issued based on the ground

¶29

Page 2 of 5

¶30

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

¶31

H.C.P.No.2871 of 2024

¶32

case. On perusal of the grounds of detention, we find that the element of public disorder is not attracted to invoke the provisions of Act 14 of 1982. The public disorder has been defined by the Apex Court in the case of Dr.Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740 . Since the ground case can be dealt with by the authorities under the penal law and by following the procedures, we are inclined to interfere with the impugned detention order.

¶33

Accordingly, the detention order passed by the second respondent in proceedings D.O.No.C2/64/2024 dated 23.10.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Durai Arasan, S/o Veerasamy, aged 52 years, now confined at Central Prison, Cuddalore i s directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.

¶34

Index : yes/no (S.M.S.,J.) (M.J.R.,J.) Neutral citation : yes/no 17.12.2024 ss To

¶35

The Secretary to Government

¶36

_____________ Page 3 of 5_

¶37

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

¶38

H.C.P.No.2871 of 2024

¶39

Home, Prohibition and Excise (XVI) Department Fort St.George, Chennai 600 009

¶40

The District Magistrate and District Collector Office of District Collector Kallakurichi District, Kallkurichi

¶41

The Superintendent of Police Kallakurichi District, Kallkurichi

¶42

The Superintendent Central Prison, Cuddalore

¶43

The Inspector of Police All Women Police Station Ulundurpet, Kallakurichi District

¶44

The Public Prosecutor High Court, Madras

¶45

Page 4 of 5

¶46

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

¶47

H.C.P.No.2871 of 2024

¶48

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

¶49

¶50

H.C.P.No.2871 of 2024

¶51

17.12.2024

¶52

_____________ Page 5 of 5_

¶53

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

Dhanalakshmi v. the Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Dhanalakshmi v. the Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Union of India Vs the Registrar

Union of India Vs P Anandan

P.Nithyanathan Vs Union of India

Kala Vs State of Tamil Nadu Rep.by

Chokkalingam Vs the Secretary to the Government

Sathiya Vs the Secretary to the Government