Kalaselvi v. The State Of Tamil Nadu, Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Kalaselvi ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by, The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai - 9.

2.The Director General of Police / Director General of Prisons and Correctional Services, No.1, Gandhi Irvin Road, Egmore, Chennai - 8.

3.The District Collector, Office of the District Collector, Tirunelveli District.

4.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1/5

respondents to serve the detention order, grounds of detention and booklet relating to M.H.S.Confdl.No.192/2024 on the file of the Respondent No.3 to the petitioner's husband by name Madasamy son of Nani now detained as "Black Marketer" at Palayamkottai Central Prison forthwith.

For Petitioner : Dr.R.Alagumani For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

ORDER

(Order of the court was delivered by G.R.Swaminathan, J.) The petitioner is the wife of the detenu. The petitioner's husband was detained as "Black Marketeer". The petitioner contends that the detention order, grounds of detention and booklet have not been furnished.

2.The learned Additional Public Prosecutor on the other hand would contend that the detenu refused to receive the same. 2/5

3.We do not want to go into the factual controversy. This issue is left open. It will be considered when it is factually raised as a ground of attack.

4.The learned Additional Public Prosecutor informs the Court that today ie., 12.12.2024 itself the papers will be served on the learned counsel for the petitioner.

4.Recording the said submission, this writ petition is disposed of. No costs.

(G.R.S. J.,) & (R.P. J.,) 12.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai - 9.

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2.The Director General of Police / Director General of Prisons and Correctional Services, No.1, Gandhi Irvin Road, Egmore, Chennai - 8.

3.The District Collector, Office of the District Collector, Tirunelveli District.

4.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 12.12.2024 5/5