Allowed

Parvathi v. The Principal Secretary to Government

Madras HC10 Dec 2024HCP(MD)/773/2024

Case brief

AI extract

What is this about?

Mother's habeas corpus petition against preventive detention of her son as Goonda under Tamil Nadu Act 14 of 1982. The court found an unexplained five-day delay in the Government considering his revocation representation, held continued detention illegal, and ordered his release.

What did the court decide?

Detenu to be set at liberty forthwith unless detention otherwise warranted by law; habeas corpus petition allowed.

Parvathi Vs The Principal Secretary to Government — Bail and Remand | Madras HC (2024)

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1 H.C.P.(MD)NO.773 OF 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.12.2024

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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.773 of 2024

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Parvathi ... Petitioner/ Mother of the detenu

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Vs.

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

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The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

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The Superintendent of Prison, Central Prison, Tiruchirappalli. ... Respondents

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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 impugned detention order passed by the 2^nd respondent made in his proceedings in C.No. 57/Detention/C.P.P./T.C/2024 dated 14.06.2024 in detaining the detenu under Section 2(f) of the Tamilnadu Act 14 of 1982 as Goonda and quash the same and direct the respondents to produce the detenu namely Loganathan, S/o.Periyasamy, Male, aged about 30 years, who is detained in Central Prison, Tiruchirappalli before this Court and set him at liberty.

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

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2 H.C.P.(MD)NO.773 OF 2024

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For Petitioner : Mr.K.M.Karunakaran For Respondents : 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 son was detained as Goonda vide order dated 14.06.2024. Representation dated 28.06.2024 was submitted for revocation of the detention order. The Under Secretary dealt with the file on 29.06.2024. However, the Deputy Secretary dealt with the file on 08.07.2024. We notice that there is an unexplained delay of five days in considering the representation. The delay of five days in considering the 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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https://www.mhc.tn.gov.in/judis

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3 H.C.P.(MD)NO.773 OF 2024

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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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10^th December 2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No PMU

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Note : Issue order copy on 11.12.2024.

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To:

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

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The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

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The Superintendent of Prison, Central Prison, Tiruchirappalli.

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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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4 H.C.P.(MD)NO.773 OF 2024

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G.R.SWAMINATHAN, J.

AND

R. POORNIMA, J.

PMU

H.C.P.(MD)No.773 of 2024

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10.12.2024

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

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Parvathi v. The Principal Secretary to Government

Case brief

What is this about?

What did the court decide?

Parvathi v. The Principal Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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