M.Babyammal v. The Additional Chief Secretary to Government

O R D E R [Order of the Court was made by M.SUNDAR, J.] Captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of convenience and clarity] has been filed by the grandmother of detenu assailing the 'preventive detention order dated 29.04.2023 bearing reference No.M.H.S.Confdl No.63/2023' [hereinafter 'impugned preventive detention order' for the sake of brevity and convenience]. To be noted, sponsoring authority has not been arrayed as a respondent and we find that Station House Officer of Thattaparai Police Station is the sponsoring authority [hereinafter 'sponsoring authority' for convenience and brevity] and the second respondent is the detaining authority as the impugned preventive detention order has been made by second respondent.

¶2When the captioned HCP was taken up, this Court was informed without any disputation or contestation that the captioned matter is directly covered by an order passed in Porkilai @ Thenmozhi vs. The Chief Secretary to Government of Puducherry, Puducherry and others reported in 2023 : MHC : 4007 [Neutral Citation of Page No.2 of 14 Madras High Court] and a scanned reproduction of the said order is as follows: Page No.3 of 14 Page No.4 of 14 Page No.5 of 14 Page No.6 of 14 Page No.7 of 14 Page No.8 of 14 Page No.9 of 14 Page No.10 of 14 Page No.11 of 14

¶3In the case on hand, the grounds booklet brings to light that the prayer for remand is at pages 61 to 65, but the remand order has not been supplied to the detenu though that has been relied on by the detaining authority in the course of making the impugned preventive detention order.

4.In the light of the narrative thus far, the impugned preventive detention order is also liable to be dislodged in this habeas legal drill.

¶5Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 29.04.2023 bearing reference H.S.(M).Confdl.No. 63/2023 made by the detaining authority is set aside and the detenu Thiru.M.Solaiyappan aged 23 years, son of Thiru.Murugan, 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.) Index : Yes

16.10.2023 : Yes bala P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Palayamkottai. Page No.12 of 14 To

¶1The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

¶2The District Collector and District Magistrate, Thoothukudi District, Thoothukudi, Thoothukudi District.

¶3The Superintendent, Central Prison, Palaymakottai.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Page No.13 of 14 HCP(MD)No.778oofo2023 M.SUNDAR,oJ. and R.SAKTHIVEL,oJ. balaoo ORDERoMADEoIN HCP(MD)No.778oofo2023 DATEDo:o16.10.2023 PageoNo.14oofo14

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023 CORAM : THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL M.Babyammal ... Petitioner vs. 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9. 2. State Represented by The District Collector and District Magistrate, Thoothukudi District, Thoothukudi, Thoothukudi District. 3. The Superintendent, Central Prison, Palaymakottai. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, calling for the records from the 2nd respondent in H.S.(M).Confdl.No.63/2023 dated 29.04.2023 by setting aside the said order of detention passed by the 2nd respondent and setting the detenu M.Solaiyappan S/o.Murugan aged 23 years at liberty now detained at the Central Prison, Palayamkottai. Page No.1 of 14 For Petitioner : Mr.S.Senthil Sankara Natha Kumar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor