Madras High Court
T.Malar vs The Additional Chief Secretary To ... on 20 March, 2023
H.C.P.(MD) No.2106 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
H.C.P.(MD)No.2106 of 2022
T.Malar ... Petitioner / Detenue's Mother
Vs.
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The District Collector & District Magistrate,
Pudukkottai District, Pudukkottai.
3.The Superintendent of Prison,
Central Prison,
Thriuchirappalli-620 020. ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Habeas Corpus, calling for the records pertaining to the
impugned detention order passed by the 2nd respondent made in his
proceedings in Detention Order P.D.O.No.16/2022, dated 18.03.2022,
detaining the detenue under Section 2(ggg)of the Tamil Nadu Act 14 of
1982 as a “Sexual Offender” and quash the same and direct the respondents
to produce the detenue, namely, Dinesh @ Dinesh Kumar, S/o.Theethaiah
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H.C.P.(MD) No.2106 of 2022
aged about 19 years, who is detained in Central Prison, Trichy before this
Court and set him at liberty.
For Petitioner : Mr.A.Joseph Jerry
For Respondent : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.)
The petitioner is the mother of the detenu, namely, Dinesh @
Dinesh Kumar, S/o.Theethaiah, aged about 19 years. The detenu has been
detained by the 2nd respondent by his proceedings in Detention Order
P.D.O.No.16/2022, dated 18.03.2022, holding him to be a "Sexual
Offender", as contemplated under Section 2(ggg) of the Tamil Nadu Act 14
of 1982. The said order is under challenge in this Habeas Corpus Petition.
2.Though the detention order has been passed by the detaining
authority on 18.03.2022, this Habeas Corpus Petition was filed belatedly ie.,
on 21.12.2022 and one year detention period was over on 18.03.2023. In
the meanwhile, the detenu has been convicted in the ground case by
https://www.mhc.tn.gov.in/judis
H.C.P.(MD) No.2106 of 2022
judgment dated 28.11.2022 in Spl.S.C.No.20 of 2022 on the file of the
Mahila Court, Pudukkottai.
3.Recording the aforesaid submission, as nothing survives for
further adjudication in this petition, this Habeas Corpus Petition is closed.
(R.S.K., J.) & (K.K.R.K, J.)
20.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MYR
To
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The District Collector & District Magistrate,
Pudukkottai District, Pudukkottai.
3.The Superintendent of Prison,
Central Prison,
Thriuchirappalli-620 020.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
H.C.P.(MD) No.2106 of 2022
R.SURESH KUMAR, J.
AND
K.K.RAMAKRISHNAN, J.
MYR
H.C.P.(MD)No.2106 of 2022
20.03.2023
https://www.mhc.tn.gov.in/judis
