Madras High Court
Senthurakani vs The Additional Chief Secretary To ... on 4 March, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
H.C.P.(MD).No.1313 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.03.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
H.C.P.(MD).No.1313 of 2023
Senthurakani ... Petitioner/ Wife of the Detenu
Vs.
1.The Additional Chief Secretary to Government,
State of Tamil Nadu,
Home, Prohibition and Excise (xiv) Department,
State of Tamil Nadu,
Fort St.George,
Chennai – 600 009.
2.The District Collector and District Magistrate,
Office of the District Collector and District Magistrate,
Tirunelveli District,
Tirunelveli.
3.The Superintendent of Prison,
Palayamkottai Central Prison,
Tirunelveli District. .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a writ of Habeas Corpus, calling for the entire records, connected with
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H.C.P.(MD).No.1313 of 2023
the detention order of the second respondent in M.H.S.Confdl No:65/2023
dated 16.06.2023 and quash the same and direct the respondents to produce
the body or person of the detenu by name Suresh alias Sureshkumar, Son of
Velusamy, aged about 33 years, detained as “Goonda” at Palayamkottai
Central Prison, now confining at District Jail, Perurani, Thoothukudi
District before this Court and set him at liberty forthwith.
For Petitioner : Mr.R.Alagumani
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN,J.
and
C.KUMARAPPAN,J.
The detention order was clamped on the husband of the petitioner
herein on 16.06.2023. The detenu had come to the adverse notice and fallen
under the scanner of the detaining authority in view of nine adverse cases
and one ground case, which is for offence under Section 307 IPC.
2. The short point canvassed in the Habeas Corpus Petition is that the
representation dated 09.09.2023, through the Prison Authority, was not
forwarded to the Government immediately, but there was a delay of more
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than 40 days in forwarding the same.
3. The learned counsel appearing for the petitioner by referring to the
rejection order passed by the first respondent on 03.11.2023, wherein the
representation dated 09.09.2023 has been rejected, would submit that the
Prison Authority though received the representation on 09.09.2023 had
forwarded the same to the Government and the Government had received
the same only on 13.03.2023. Thus contended that the inordinate delay in
forwarding the representation is not properly explained. To ascertain as to
when the representation was received by the Prison Authority and when it
was, in turn, forwarded to the Government, this Court directed the learned
Additional Public Prosecutor to furnish the details and record maintained by
the Prison Authority.
4. From the perusal of the records, this Court finds that the
representation of the detenu along with covering letter of the counsel was
received by the Prison Authority on 09.09.2023 as per the seal found in the
representation. From a perusal of the Tapal Register, this Court finds that
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the said representation being sent to the Government only on 19.10.2023
and the same has been received by the Government on 30.10.2023.
5. In the light of the judgment of the Hon'ble Supreme Court in
Munjushree Plantation Limited and others Vs State of Tamil Nadu and
others reported in (1989) 3 SCC 282 dealing with the delay in forwarding
the representation to the Government for consideration, this Court finds that
on this solitary ground, the detention order is liable to be quashed.
6. In the result, the Habeas Corpus Petition is allowed and the order
of detention in M.H.S.Confdl No:65/2023 dated 16.06.2023 passed by the
second respondent is set aside. The detenu, viz., Suresh alias Sureshkumar,
S/o.Velusamy, aged about 33 years, is directed to be released forthwith
unless his detention is required in connection with any other case.
(G.J.,J.) (C.K.,J.)
04.03.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
cp
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To
1.The Additional Chief Secretary to Government,
State of Tamil Nadu,
Home, Prohibition and Excise (xiv) Department,
State of Tamil Nadu,
Fort St.George,
Chennai – 600 009.
2.The District Collector and District Magistrate,
Office of the District Collector and District Magistrate,
Tirunelveli District,
Tirunelveli.
3.The Superintendent of Prison,
Palayamkottai Central Prison,
Tirunelveli District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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DR.G.JAYACHANDRAN,J.
and
C.KUMARAPPAN,J.
cp
04.03.2024
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