Allowed

Muthu v. The State of Tamil Nadu

Madras HC6 Jan 2025HCP(MD)/1279/2024

Case brief

AI extract

What is this about?

Habeas corpus petition challenging a Goonda detention order under the Tamil Nadu Act 14 of 1982. The court found an unexplained six-day delay by the government in considering the detenue's revocation representation and held the continued detention illegal.

What did the court decide?

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

Muthu Vs The State of Tamil Nadu — Bail and Remand | Madras HC (2025)

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H.C.P.(MD)No.1279 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA

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H.C.P.(MD)No.1279 of 2024

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Muthu

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... Petitioner / Mother of the Detenue

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Vs.

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State of Tamil Nadu rep. by

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1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat,

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Chennai-600 009.

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2.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

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

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... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to call for the records pertaining to the impugned detention order passed by the second respondent made in his proceedings in C.No.75/Detention/C.P.O./T.C.

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

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H.C.P.(MD)No.1279 of 2024

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2024, dated 05.07.2024 in detaining the detenue under Section 2(f) of the Tamil Nadu Act 14 of 1982 as a Goonda and quash the same and direct the respondents to produce the Detenu namely Arjun S/o.Palanisamy, Male aged about 24 years who is detained in Central Prison, Tiruchirappalli before this Court and set him at liberty.

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For Petitioner : Mr.K.M.Karunakaran

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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

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05.07.2024 by the second respondent. The representation dated 25.07.2024 was submitted for revoking the detention order.

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The Under Secretary dealt with the file on 31.07.2024.

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However, the Deputy Secretary dealt with the file on 09.08.2024. We notice that there is an unexplained delay of six days in considering the representation.

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

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H.C.P.(MD)No.1279 of 2024

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4.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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5.This Habeas Corpus Petition is allowed accordingly.

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(G.R.S. J.,) & (R.P. J.,) 06.01.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi

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Note:Issue Order Copy on 07.01.2025.

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To:-

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

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2.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

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

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4.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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H.C.P.(MD)No.1279 of 2024

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G.R.SWAMINATHAN, J. and R.POORNIMA, J.

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rmi

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H.C.P.(MD)No.1279 of 2024

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06.01.2025

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

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Muthu v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Muthu v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

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