Madras High CourtHCP(MD)/34/2020allowed

Sudalaimani @ Prakash v. The Additional Chief Secretary To Government

2020-08-03Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Eighth day of January Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice T.RAJA AND The Hon'ble Mr. Justice B.PUGALENDHI HCP(MD). No.34 of 2020 (in the matter of SUDALAIMANI @ PRAKASH SON OF MURUGAN @ KOSALAI, AGED ABOUT 25 YEARS under Article 226 of the Constitution of India) Sudalaimani @ Prakash, S/o Murugan @ Kosalai, D.No.13A Mupidathiamman Kovil North Street, Paraiyadi, Tirunelveli District (Now Confining at Palayamkottai Central Prsion) ... Petitioner/Detenue Vs 1 The Additional Chief Secretary to Government, State of Tamil Nadu, Home,prohibition and Excise Department, Fort St,George, Chennai 600 009.

2 The Commissioner of Police Office at the Commissioner of Police, Tirunelveli City, Tirunelveli.

3 The Superintendent of Prison palayamkottai Central Prision, Tirunelveli District.

... Respondents To R1 The Additional Chief Secretary to Government, State of Tamil Nadu, Home,prohibition and Excise Department, Fort St,George, Chennai 600 009.

R2 The Commissioner of Police Office at the Commissioner of Police, Tirunelveli City, Tirunelveli.

R3 The Superintendent of Prison Palayamkottai Central Prision, Tirunelveli District.

(With copies of petition and affidavit for each) Through THE REGISTRAR GENERAL HIGH COURT MADRAS-104 FOR R1 THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI FOR RR 2 AND 3 (in duplicate, with copies for immediate service and return with covering letter) https://hcservices.ecourts.gov.in/hcservices/

Whereas upon Motion this day made unto this Court by MR.R.ALAGUMANI, Advocate for the petitioner and of MR.K.DINESH BABU, Additional Public Prosecutor for the respondents and the Advocate for the petitioner praying to call for the entire records, connected with the detention order of the Respondent No.2 in No.23/BCDFGISSSV/2019 dated 17.12.2019 and quash the same and direct the Respondents to produce the body or person of the detenu by name Sudalaimani @ Prakash Son of Murugan @ Kosalai aged about 25 years, now detaining as Goonda at Palayamkottai Central Prison before this Honourable Court and set him at liberty forthwith Whereas this Court hath directed issue of notice, returnable by 05/02/2020 (Wednesday, the Fifth day of February, Two Thousand and Twenty) to the respondents 1 to 3 herein to show cause why this petition should not be complied with:

Now take notice that you, namely R1 The Additional Chief Secretary to Government, State of Tamil Nadu, Home,prohibition and Excise Department, Fort St, George, Chennai 600 009.

R2 The Commissioner of Police Office at the Commissioner of Police, Tirunelveli Cirty, Tirunelveli.

R3 The Superintendent of Prison palayamkottai Central Prision, Tirunelveli District.

The respondents 1 to 3 herein are hereby directed to appear in person or by an Advocate before the Madurai Bench of Madras High Court, Madurai at 10.30 a.m on 05/02/2020 (Wednesday, the Fifth day of February, Two Thousand and Twenty) to show cause why this petition should not be complied with.

HEREIN FAIL NOT, WITNESS The Hon'ble Thiru. AMRESHWAR PRATAP SAHI, The Chief Justice of the High Court of Judicature at Madras on 08/01/2020(Wednesday, the Eighth day of January Two Thousand and Twenty). ASSISTANT REGISTRAR(CS-II) ORDER DATED : 08/01/2020 HEARING DATE : 05/02/2020 NOTICE HCP(MD). No.34 of 2020 VB(20.01.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/