H.C.P.Nos.1407 & 1410 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.Nos.1407 & 1410 of 2023

H.C.P.No.1407 of 2023

Vasanthi

.. Petitioner

Vs

1.The Secretary to Government,

Home, Prohibition and Excise Department,

Secretariat, Chennai – 9.

2.The District Collector and District Magistrate of

Tiruvannamalai District, Tiruvannamalai.

3.The Superintendent of Police,

Tiruvannamalai District, Tiruvannamalai.

4.The Superintendent of Prison,

Central Prison, Vellore - 2.

5.The Inspector of Police,

Tiruvannamalai PEW Police Station,

Tiruvannamalai District.

.. Respondents

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H.C.P.Nos.1407 & 1410 of 2023

H.C.P.No.1410 of 2023

Selva

.. Petitioner

Vs

1.The Secretary to Government,

Home, Prohibition and Excise Department,

Secretariat, Chennai – 9.

2.The District Collector and District Magistrate of

Tiruvannamalai District, Tiruvannamalai.

3.The Superintendent of Police,

Tiruvannamalai District, Tiruvannamalai.

4.The Superintendent of Prison,

Special Prison for Women, Vellore.

5.The Inspector of Police,

Tiruvannamalai PEW Police Station,

Tiruvannamalai District.

.. Respondents

Prayer in HCP No.1407 of 2023: Petition filed under Article

226 of the Constitution of India praying for issuance of a writ of

habeas corpus to call for the records in connection with the order of

detention passed by the second respondent dated 30.06.2023 in

D.O.No.65/2023-C2 against the petitioner's husband Viji @

Vijaykumar, Male, aged 39 years, S/o.Sivanandam, who is confined at

Central Prison, Vellore and set aside the same and direct the

respondents to produce the detenu before this Court and set him at

liberty.

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H.C.P.Nos.1407 & 1410 of 2023

Prayer in HCP No.1410 of 2023: Petition filed under Article

226 of the Constitution of India praying for issuance of a writ of

habeas corpus to call for the records in connection with the order of

detention passed by the second respondent dated 30.06.2023 in

D.O.No.66/2023-C2 against the petitioner grandpa's daughter Nirmala,

female, aged 34 years, W/o.Suresh, who is confined at Special Prison

for Women, Vellore and set aside the same and direct the respondents

to produce the detenue before this Court and set at liberty.

For Petitioner

:

Mr.V.Parthiban

for Mr.D.Balaji

(in both petitions)

For Respondents

:

Mr.E.Raj Thilak

Additional Public Prosecutor

(in both petitions)

COMMON ORDER

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

This common order will now govern and dispose of captioned two

'Habeas Corpus Petitions' ('HCPs' in plural and 'HCP' in singular for the

sake of convenience and clarity). This Court makes it clear that for the

sake of further clarity, 'H.C.P. No.1407 of 2023' shall be referred to as

'I HCP' and 'H.C.P. No.1410 of 2023' shall be referred to as 'II HCP'

wherever necessary.

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H.C.P.Nos.1407 & 1410 of 2023

2. I HCP was listed in the Admission Board on 28.07.2023 and II

HCP was listed in the Admission Board on 31.07.2023. The two

Admission Board orders read as follows:

I HCP

'

H.C.P.No.1407 of 2023

M.SUNDAR. J.,

AND

R.SAKTHIVEL. J.,

In the captioned 'Habeas Corpus Petition' ['HCP' for the sake

of brevity] Mr.V.Paarthiban, learned counsel appearing on behalf

of Mr.D.Balaji, counsel on record for the habeas corpus petitioner

is before this Court.

2. Learned counsel submits that captioned HCP assails a

'preventive detention order dated 30.06.2023 bearing reference

D.O.No.65/2023-C2' [hereinafter 'impugned preventive detention

order' for the sake of brevity, convenience and clarity] made by

the 'second respondent District Collector' [hereinafter 'Detaining

Authority' for the sake of brevity, convenience and clar