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Madras High CourtHCP/801/2020closed

A.Jabinsuithana v. The Additional Chief Secretary

2020-06-12Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.6.2020

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA H.C.P.No.801 of 2020 A.Jabinsulthana

...Petitioner

Vs 1.The Additional Secretary, Government of Tamil Nadu, Home Prohibition & Excise Department, Secretariat, Chennai-9.

2.The Additional Secretary, Government Of India, Ministry of Consumer Affairs, Food and Public Distribution (Consumer Affairs), Krishi Bhavan, New Delhi-1.

3.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

4.The Superintendent, Central Prison, Puzhal, Chennai-66.

5.The Inspector of Police, Civil Supplies CID, Chennai Unit.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Habeas Corpus to call for the records pertaining to the order of detention passed by the third respondent and Page 1/4

made in No.03/2020 dated 20.2.2020, set aside the same and direct the fourth respondent to produce the detenu - her husband Selvan. Ameedh, aged 38 years, S/O Mamooth, now confined at the Central Prison, Puzhal, Chennai before this Court and set him at liberty. For Petitioner :

Mr.D.Ananthapadmanabhan For State :

Mrs.Prabhavathi Ram, APP

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM,J) We have heard Mr.D.Ananthapadmanabhan, learned counsel for the petitioner and Mrs.Prabhavathi Ram, learned Additional Public Prosecutor accepting notice for the State.

2. It is submitted by the learned counsel for the petitioner that the petitioner had already filed one habeas corpus petition challenging the same order of detention dated 20.2.2020 and that the same had already been numbered as HCP.No.789 of 2020, in which, notice was ordered. However, a mistake appears to have been committed by the Registry and once again, the very same case has been numbered as HCP.No.801 of 2020 i.e the present petition. Therefore, the learned counsel for the petitioner further submits that this petition may be closed and that the petitioner may be permitted to urge all the points Page 2/4

in the earlier petition namely HCP.No.789 of 2020.

3. Recording the said submission, the above habeas corpus petition is closed with liberty to the petitioner to raise all the points in the pending HCP.No.789 of 2020, in which, the learned Additional Public Prosecutor is directed to file a counter. (T.S.S., J.) (P.S.N., J.) 12.6.2020 To 1.The Additional Secretary, Government of Tamil Nadu, Home Prohibition & Excise Department, Secretariat, Chennai-9.

2.The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Consumer Affairs), Krishi Bhavan, New Delhi-1.

3.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

4.The Superintendent, Central Prison, Puzhal, Chennai-66.

5.The Inspector of Police, Civil Supplies CID, Chennai Unit.

RS/GG Page 3/4

T.S.SIVAGNANAM, J.

AND PUSHPA SATHYANARAYANA, J.

RS/GG H.C.P.No.801 of 2020 12.6.2020 Page 4/4