Selvi v. The Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Special Original Jurisdiction ) Tuesday, the Twenty Fifth day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice T.RAJA AND The Hon`ble Mr Justice B.PUGALENDHI HCP(MD). No.1289 of 2019 (in the matter of Detenu SULAIMAN, S/O.SUBRAMANIAN @ CHINNAMANI, AGED ABOUT 23 YEARS ) Selvi ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by Secretary to the Government, Home, Prohibition and Excise Department, Fort. St. George, Chennai-9.
2.The District Collector and District Magistrate, Tirunelveli District.
3. The Superintendent of Central Prison, Palayamkottai, Tirunelveli District. ... 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 SULAIMAN, S/O.SUBRAMANIAN @ CHINNAMANI, AGED ABOUT 23 YEARS under T.N.Act 14/1982 vide detention order dated 20/03/2019 on the file of the Second respondent herein made in Proceeding No. M.H.S.Confdl. No.22/2019 and set aside the same as illegal and consequently direct the respondents herein to set the said detenu at liberty from the Central Prison, Palayamkottai. ORDER:- This Habeas Corpus petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.D.VENKATESH, Advocate for the Petitioner and of MR.K.DINESH BABU, Additional Public Prosecutor on behalf of the respondents, IT IS OREDERED AS FOLLOWS:-
1. that the order of detention of detenu, SULAIMAN, S/O.SUBRAMANIAN @ CHINNAMANI, AGED ABOUT 23 YEARS issued by the second respondent in Order No. M.H.S.Confdl. No.22/2019, dated 20/03/2019 be and hereby is set aside.
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2. that the said detenu, viz. SULAIMAN, S/O.SUBRAMANIAN @ CHINNAMANI, AGED ABOUT 23 YEARS, who is presently confined in Central Prison, Palayamkottai, be set at liberty forthwith unless he is liable to be detained for some other case. ( Detailed Order will follow ) Sd/ Assistant Registrar /True copy/ / /2020 Sub Assistant Registrar TO
1. The Secretary to Government, Home, Prohibition and Excise Department, Fort. St. George, Chennai-9.
2.The District Collector and District Magistrate, Tirunelveli District.
3. The Superintendent of Central Prison, Palayamkottai, Tirunelveli District.
(in duplicate for communication to Detenu)
4. The Joint Secretary to Government, Public (Law & Order) Department, Fort Saint George, Chennai-9.
5. The Additional Public Prosecutor, Madurai Bench of Madras High court, Madurai.
Dated : 25/02/2020 ADVANCE ORDER HCP(MD). No.1289 of 2019 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.
KK/SAR/25.02.2020/2P-7C https://hcservices.ecourts.gov.in/hcservices/