Allowed

Mahalakshmi v. The State of Tamilnadu

Madras HC5 Dec 2024HCP(MD)/1180/2024

Case brief

AI extract

What is this about?

The Madras High Court held that an unexplained six-day delay in considering a representation for revocation renders continued detention illegal. It allowed the habeas corpus petition and directed the detenu be set at liberty forthwith unless lawfully warranted.

What did the court decide?

Writ of Habeas Corpus issued; detention quashed as illegal; detenu directed to be set at liberty forthwith.

Mahalakshmi Vs The State of Tamilnadu — Constitutional and Fundamental Rights | Madras HC (2024)

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1 H.C.P.(MD)NO.1180 OF 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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AND

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THE HON'BLE MS.JUSTICE R. POORNIMA H.C.P.(MD)No.1180 of 2024

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Mahalakshmi ... Petitioner/ Wife of the Detenu

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Vs.

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The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Department of consumer affairs), Room No.270, Krishi Bhavan, New Delhi – 110 001.

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The Principal Secretary, Government of Tamil Nadu, Co-operation, Food and Consumer Protection Department, Secretariat, Fort St. George,

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Chennai – 600 009.

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The District Collector and District Magistrate, Virudhunagar District, Virudhunagar.

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The Inspector of Police, CSCID, Virudhunagar.

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The Superintendent of Police, Central Prison, Madurai.

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... Respondents

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

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2 H.C.P.(MD)NO.1180 OF 2024

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Prayer: Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records pertaining to the order of detention passed by the third respondent in his proceedings Cr.M.P.No.17/2024(Black Marketeer) dated 01.09.2024 and quash the same as illegal and produce the detenu namely Poolpandian, S/o.Murugaiah, aged about 35 years now he is confined in Central Prison, Madurai before this Court and set him at liberty.

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For Petitioner : Mr.T.Leninkumar For R-1 : Mr.P.Subbiah, Senior Panel counsel. For R-2 to R-5 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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O R D E R

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(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

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Heard both sides.

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The petitioner's husband was detained as Black Marketeer vide order dated 01.09.2024 by the third respondent. Representation dated 12.09.2024 was submitted for revocation of the detention order. Though remarks were received on 14.10.2024, the file was submitted on 25.10.2024. We notice that there is an unexplained delay of six days in

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3 H.C.P.(MD)NO.1180 OF 2024

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considering the representation. The delay of six days in considering the

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representation is fatal to the continuance of the detention.

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3.In this view of the matter, we hold that the detenue's continued

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detention is illegal. He shall be set at liberty forthwith unless his detention is otherwise warranted by law.

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4.This habeas corpus petition is allowed accordingly.

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(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.)

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5th December 2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No PMU Note : Issue order copy immediately.

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4 H.C.P.(MD)NO.1180 OF 2024

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To:

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The Principal Secretary, Government of Tamil Nadu,

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Co-operation, Food and Consumer Protection Department, Secretariat, Fort St. George,

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Chennai – 600 009.

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The District Collector and District Magistrate, Virudhunagar District, Virudhunagar.

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The Inspector of Police, CSCID, Virudhunagar.

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The Superintendent of Police, Central Prison, Madurai.

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

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5 H.C.P.(MD)NO.1180 OF 2024

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G.R.SWAMINATHAN, J.

AND

R. POORNIMA, J.

PMU

H.C.P.(MD)No.1180 of 2024

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05.12.2024

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Mahalakshmi v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

Mahalakshmi v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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