Madras High CourtHCP(MD)/171/2020allowed

Rajendran @ Vellaimandaiyan v. The Principal Secretary To Government

2020-09-02Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Special Original Jurisdiction ) Wednesday, the Fourth day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice P.N.PRAKASH AND The Hon`ble Mr Justice B.PUGALENDHI HCP(MD). No.171 of 2020 (in the matter of RAJENDRAN @ VELLAIMANDAIYAN, S/O. ANDITHEVAR, AGED ABOUT 46 YEARS, under Article 226 of the Constitution of India) Rajendran @ Vellaimandaiyan S/o.Andithevar, Ward 2, Ulagathevar Street, Cumbum, Uthamapalayam Taluk, Theni District, (Now confining at Madurai Central Prison) ... Petitioner Vs

1. The Principal 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, Theni, District, Theni.

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

... Respondents To 1 The Principal 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, Theni District, Theni.

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, MADRAS REG R1

2. THE PRINCIPAL DISTRICT JUDGE, THENI DISTRCT REG R2

3. THE PRINCIPAL DISTRICT JUDGE, MADURAI DISTRICT REG R3 1/3

(in duplicate, with copies for immediate service and return with covering letter) Whereas upon Motion this day made unto this Court by Thiru.R.ALAGUMANI, Advocate for the petitioner and K.DINESH BABU, ADDL.PUBLIC PROSECUTOR ON BEHALF OF 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 detention order No.04/2020 dated 13.02.2020 and quash the same and direct the respondents to produce the body or person of the detenu by name Rajendran @ Vellaimandaiyan, S/o. Andithevar, aged about 46 years, now confining 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 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 Principal 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, Theni District, Theni.

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 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 Wednesday, the Fourth day of March Two Thousand Twenty (04/03/2020). ASSISTANT REGISTRAR(CS-III) 2/3

ORDER DATED : 04/03/2020 HEARING DATE : 01/04/2020 ========================== NOTICE ========================== HCP(MD). No.171 of 2020 (CO) TR(12.03.2020) 3P C 3/3