Allowed

M.Jeyalakshmi v. The Additional Chief Secretary to Government

Madras HC3 Oct 2023HCP(MD)/551/2023

Case brief

AI extract

What is this about?

Habeas Corpus petition filed by mother of detainee challenging preventive detention order made under Tamil Nadu Act 14 of 1982. Court allowed petition, quashing order set detenu at liberty finding substratum was solitary case with snapped link.

What did the court decide?

Impugned detention order quashed; detenu directed to be set at liberty forthwith if not required in connection with any other case.

M.Jeyalakshmi Vs The Additional Chief… — Pension and Retirement Benefits | Madras HC (2023)

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H.C.P(MD)No.551 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.10.2023

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Coram

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THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL

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H.C.P(MD)No.551 of 2023

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M.Jeyalakshmi, W/o.Muthukumar, 6-12, North Amman Kovil Street, Kangamoolam Puthukudiyiruppu, Thovalai, Kanniyakumari District.

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.. Petitioner

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1.The State of Tamil Nadu, Represented by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat,

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Chennai – 600 009.

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2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

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.. Respondents

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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 passed in P.D.No.18 of 2023 dated

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https://www.mhc.tn.gov.in/judis 1/18

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H.C.P(MD)No.551 of 2023

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05.04.2023 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's son i.e., Praveen, aged about 23 years, S/o.Muthukumar, now detained at the Central Prison, Palayamkottai before this Court and set him at liberty forthwith.

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For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

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ORDER

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[Order of the Court was made by M.SUNDAR, J.]

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Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by the mother of the detenu assailing a 'preventive detention order dated 05.04.2023 bearing reference P.D.No.18 of 2023' [hereinafter 'impugned preventive detention order' for the sake of brevity and convenience'] made by 'second respondent' [hereinafter 'Detaining Authority' for the sake of convenience and clarity]. To be noted, sponsoring authority has not been arrayed as a respondent but we find that Station House Officer of Aralvoimozhy Police Station is the sponsoring authority [hereinafter 'Sponsoring Authority' for the sake of convenience and clarity].

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