Madras High CourtHCP(MD)/173/2020allowed

Saiprasath v. The Principal Secretary To Government

2020-09-04Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

HCP(MD). No.173 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Fourth day of March Two Thousand and Twenty PRESENT The Hon`ble Mr Justice P.N.PRAKASH AND The Hon`ble Mr Justice B.PUGALENDHI HCP(MD). No.173 of 2020 (in the matter of SAIPRASATH S/O NAGAIYATHEVAR, AGED ABOUT 40 YEARS, under Article 226 of the Constitution of India) Saiprasath, S/o.Nagaiyathevar, Batlagondu Road, Annamparipatti, Usilampatti Taluk, Madurai District. (Now confining at Madurai Central Prison) ... Petitioner Vs 1 The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

2 The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Madurai District.

3 The Superintendent of Prison, Madurai Central Prison, Madurai District. ... Respondents To 1 The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

2 The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Madurai District.

3 The Superintendent of Prison, Madurai Central Prison, Madurai District.

(With copies of petition and affidavit for each) Through 1.THE REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT MADRAS, REG. R1,

2. The Principal District Judge, Madurai Reg R2 and 3. (in duplicate, with copies for immediate service and return with covering letter) https://hcservices.ecourts.gov.in/hcservices/ 1/2

HCP(MD). No.173 of 2020 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 issue a Writ of Habeas Corpus, calling for the entire records, connected with the detention order of the respondent No.2 in BCDFGISSSV.No.03/2020 dated 07.02.2020 and quash the same and direct the respondents to produce the body or person of the detenu by name Saiprasath, son of Nagaiyathevar, aged about 40 years, now detained as "GOONDA" at Madurai Central Prison before this Court and set him at liberty forthwith.

Whereas this Court hath directed issue of notice, returnable by 01/04/2020 Wednesday, the First day of April 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 1 The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

2 The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Madurai District.

3 The Superintendent of Prison, Madurai Central Prison, Madurai 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 01/04/2020 Wednesday, the First day of April 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 04/03/2020 Wednesday, the Fourth day of March Two Thousand and Twenty.

ASSISTANT REGISTRAR (CS-III) ORDER DATED : 04/03/2020 HEARING DATE : 01/04/2020 ========================== NOTICE ========================== HCP(MD). No.173 of 2020 JMN(12.03.2020) 2P : 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2