Subbulakshmi v. The Additional Chief Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.(MD)No.864 of 2023 Subbulakshmi : Petitioner Vs.

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

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

3.The Superintendent of Prison, Central Prison, Palyamkottai, Tirunelveli.

: 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 second respondent made in his proceedings in Detention Order H.S.(M)Confdl No.69/2023 dated 18.05.2023 in detaining the detenu 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 Ramasamy, S/o.Subba Naicker, Male, aged 43 years, who is detained in Central Prison, Palayamkottai, Tirunelveli District, before this Hon'ble Court and set him at liberty.

For Petitioner : Mr.KA.Raama Krishnan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, Mr.KA.Raama Krishnan, learned Counsel on record for petitioner and Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor, are before us. 2.Both sides submitted that captioned matter is directly covered by Selvi's Case [R.Selvi Vs. State of Tamil Nadu] reported in

2023/MHC/4778 [Neutral Citation of the Madras High Court]. A scanned reproduction of the same is as follows:

3.As there is no disputation that the point is identical and as there is no contestation that the captioned matter is covered by Selvi's case, we only remind ourselves of the age old adage 'Sauce to goose is sauce to gander too' and say that captioned HCP will also stand allowed on the same point ie., point in Selvi's case. 4.Ergo, the sequitur is captioned HCP is allowed. Impugned preventive detention order dated 18.05.2023 bearing reference H.S. (M)Confdl. No.69/2023 made by the second respondent is set aside and the detenu Thiru.Ramasamy, male, aged 43 years, son of Thiru.Subbiah Nayakkar is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.

[M.S.,J.] & [R.S.V.,J.] 31.10.2023 Index : Yes Internet : Yes MR P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Palayamkottai.

To 1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

3.The Superintendent of Prison, Central Prison, Palyamkottai, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.SUNDAR, J.

and R.SAKTHIVEL, J.

MR ORDER MADE IN H.C.P.(MD)No.864 of 2023 31.10.2023