In this writ petition, the petitioner sought to quash her husband's detention order and seek release based on his medical ailments. The court dismissed the petition, relying on a recent Medical Board report dated 16.09.2019 which stated his condition was stable.
The writ petition was dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 16.09.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.23866 of 2019
Tmt. Dhanam ... Petitioner
Vs
1. State of Tamil Nadu rep. By the
S.C. Joint Secretary to Government,
Public (SC) Department,
Secretariat, Chennai – 600 009.
2. The District Collector,
Tiruchirappalli.
3. The Deputy Collector (Incharge),
Special Camp, Kottappattu,
Tiruchirappalli – 620 023.
4. The Superintendent of Police,
'Q' Branch CID,
Chennai -4.
5. The Deputy Commissioner of Police,
Central Crime Branch,
Chennai. ... Respondents
[R5 is suo motu impleaded as per
the order made in W.P.No.23866 of 2019 by NAVJ]
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of rejection passed in Na.Ka.Vu.3/13310/2019 dated 19.06.2019 on the file of the 2nd respondent quash the same and direct the 1st respondent to consider the representation of the petitioner's husband P.Krishnamoorthy @ Moorthy, son of Paramanandam now detained at Special Refugee Camp for Srilankan Tamils,
Kottappattu, Tiruchirappalli dated 03.04.2019 for revoking the order of detention passed in G.O.No.SR.III/2228-2/2018 dated 05.02.2019 on the file of the 1st respondent and permit him to reside along with the petitioner and his family members.
For Petitioner : Mr.S.Doraisamy
For Respondents: Mr.C.Emilias, AAG, assisted by Mr.C.Iyyapparaj, APP
ORDER
Petitioner has filed the present Writ Petition seeking to quash the proceedings of the second respondent in Na.Ka.Vu.3/13310/2019 dated 19.06.2019 and direct the 1st respondent to consider the representation of the petitioner's husband P.Krishnamoorthy @ Moorthy, son of Paramanandam now detained at Special Refugee Camp for Srilankan Tamils, Kottappattu, Tiruchirappalli dated 03.04.2019 for revoking the order of detention passed in G.O.No.SR.III/2228-2/2018 dated 05.02.2019 on the file of the 1st respondent and permit him to reside along with the petitioner and his family members.
(i) Hernia Operation
(ii) Piles Operation
(iii) Surgery in right ear
(iv) Heart Surgery
For such contentions, the learned counsel for petitioner would rely upon the medical certificate issued by the Jail Doctor on 01.05.2014 and 25.03.2015. After lapse of 5 years, the present writ petition has been filed.
dated 16.09.2019, the petitioner's husband's medical status is stable.
A.SK(23/10/2019)
1 issue framed by the court
Whether the petitioner is entitled to a writ of Certiorari or Mandamus to revoke the husband's detention order on grounds of outdated medical instability.
1 provisions across 1 enactments
Tmt. Dhanam
State of Tamil Nadu
The District Collector, Tiruchirappalli
The Deputy Collector (Incharge), Special Camp, Kottappattu
The Superintendent of Police, 'Q' Branch CID, Chennai
The Deputy Commissioner of Police, Central Crime Branch, Chennai
M.S. RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
