Madras High CourtHCP(MD)/165/2020allowed

Andi @ Andichamy v. The Secretary To Government

2020-08-18Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Special Original Jurisdiction ) Tuesday, the Eighteenth day of August Two Thousand and Twenty PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM AND The Hon`ble Mrs.Justice T.KRISHNAVALLI HCP(MD). No.165 of 2020 (In the matter of Detenu SELVAM, S/O.MAYANDI, MALE, AGED ABOUT 61 YEARS, ) Andi @ Andichamy ... Petitioner Vs 1 The State of Tamil Nadu Rep. By its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai - 9.

2 The District Collector and District Magistrate, Madurai District, Madurai.

3 The Superintendent Central Prison, Madurai. ... Respondents Petition under Article 226 of the Constitution of India, praying that in the Circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to issue a Writ of Habeas Corpus calling for the records leading to the detention of detenu SELVAM, S/O.MAYANDI, MALE, AGED ABOUT 61 YEARS, under T.N.Act 14/1982 vide detention order dated 03/02/2020 on the file of the Second respondent herein made in Proceeding No. B.C.D.F.G.I.S.S.S.V No.02/2020 and set aside the same as illegal and consequently direct the respondents herein to set the said detenu at liberty from the Central Prison, Madurai.

ORDER:- This Habeas Corpus petition coming up for orders on this day, upon perusing the petition and the affidavit filed in https://hcservices.ecourts.gov.in/hcservices/ support thereof and upon hearing the arguments of MR.M.JEGADEESH PANDIAN, Advocate for the Petitioner and of MR.V.NEELAKANDAN,

Additional Public Prosecutor, on behalf of the respondents, IT IS ORDERED AS FOLLOWS:-

1. that the order of detention, Ordering detention of detenu, SELVAM, S/O.MAYANDI, MALE, AGED ABOUT 61 YEARS, issued by the Second respondent in Order No. B.C.D.F.G.I.S.S.S.V No.02/2020, dated 03/02/2020, be and hereby is set aside;

2. that the said detenu, viz. SELVAM, S/O.MAYANDI, MALE, AGED ABOUT 61 YEARS, who is presently confined in Central Prison, Madurai, be set at liberty, forthwith, unless he is liable to be detained for some other case.

( Detailed Order will follow ) Sd/- ASSISTANT REGISTRAR(RECORDS) TO

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort Saint George, Chennai-9.

2 The District Collector and District Magistrate, Madurai District, Madurai.

3. The Superintendent, Central Prison, Madurai (In duplicate for communication to Detenu)

4. The Joint Secretary to Government, Public (Law & Order) Fort Saint George, Chennai-9.

5. The Additional Public Prosecutor, Madurai Bench of Madras High court, Madurai.

Dated : 18/08/2020 KB/18/8/2020 ADVANCE ORDER 2P/7C HCP(MD). No.165 of 2020 Allowing the petition for issue of Writ of Habeas Corpus and setting aside the order of the detention and directing the release of the detenu forthwith unless his detention is required in connection with any other case as stated within.

https://hcservices.ecourts.gov.in/hcservices/