Sakthikumar v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL Sakthikumar .. Petitioner vs 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.
.. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus calling for the entire records connected with the detention order of the respondent No.2 in H.S.(M) Confdl No.71/2023 dated 29.05.2023 and quash the same and direct the respondents to produce the detenu by name Sakthikumar, son of Palanimurugan aged 1/8
about 21 years, now detained in Palayamkottai Central Prison, before this Court and set him at liberty forthwith.
For Petitioner :
Mr.N.Pragalathan For Respondents :
Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.] When the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity] was listed in the Admission Board on 19.07.2023, a Hon'ble Coordinate Division Bench made the following order in the Admission Board:
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2. It has now become necessary to set out a thumbnail sketch of factual matrix and we do so in the paragraphs infra.
3. Today, the captioned matter is in the Final Hearing Board.
4. Mr.N.Pragalathan, learned counsel on record for petitioner and Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor for all respondents are before us.
5. When the matter was taken up, it was submitted by both sides that captioned matter is covered by an earlier order made by this Bench i.e., order in R.Selvi Vs. The Additional Cheif Secretary to Government and others High Court).
Selvi's case order dated 18.10.2023 reported in 2023/MHC/4778 is as follows:
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6. As there is no disputation that captioned HCP is covered by aforementioned Selvi's case, we only remind ourselves of the age old adage 'Sauce to Goose is sauce to Gander too'. This means captioned HCP will also be allowed on the same point i.e., same point as that of Selvi's case.
7. Ergo, the sequitur is, captioned HCP is allowed. Impugned preventive detention order dated 29.05.2023 bearing H.S.(M) Confdl No. 71/2023 made by the second respondent is set aside and the detenu Thiru.Sakthikumar, aged 21 years, son of Palanimurugan, 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.) 30.10.2023 Index : Yes/No Internet : Yes/No PKN P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Palayamkottai.
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M.SUNDAR, J., and R.SAKTHIVEL, J., PKN To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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