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Madras High CourtHCP(MD)/452/2020allowed

K.Petchiammal v. The Additional Chief Secretary To Government

2020-12-07Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Seventeenth day of July Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN AND The Hon`ble Mr.Justice P.RAJAMANICKAM HCP(MD). No.452 of 2020 (in the matter of KOTTAISAMY ALIAS KOTTOORSAMY, AGED ABOUT 42 YEARS, S/O KARUPAIAH).

K.Petchiammal ... Petitioner/Wife of the Detenu 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, Tenkasi District, Tenkasi.

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

... Respondents To R1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

R2.The District Collector and District Magistrate, Tenkasi District, Tenkasi.

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

(With copies of petition and affidavit for each) Through

1. THE REGISTRAR GENERAL, HIGH COURT CHENNAI-104.

RES.R1

2. THE PRINCIPAL DISTRICT JUDGE TENKASI.

RES.R2

3. THE PRINCIPAL DISTRICT JUDGE, THIRUNELELI. RES.R3.

(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.N.PRAGALATHAN, Advocate for the petitioner and MR.V.NEELAKNDAN, ADDITIONAL PUBLIC PROSECUTOR,on behlf of the respondents and the Advocate for the petitioner praying to issue a WRIT OF HABEAS CORPUS or any other appropriate writ or order or direction in the nature of a writ calling for the entire records connected with the detention order passed in M.H.S.Confdl No. 04/2020 dated 02.07.2020 on the file of the 2nd respondent herein and quash the same and direct the responodents to produce the detenu or body of the detenu namely the petitioner's husband, aged about 42 years,Kottaisamy alias Kottoorsamy, s/o Karupaiah, now detained at the Central Prison, Palayamkottai, before this Hon'ble Coourt and set him at liberty forthwith. Whereas this Court hath directed issue of notice, returnable by Monday, the seventeenth day of August Two Thousand Twenty (17/08/2020) 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, Home, Prohibition and Excise Department, Fort St. George,Chennai-600 009.

R2.The District Collector and District Magistrate, Tenkasi District, Tenkasi.

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

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 Monday the Seventeenth day of August Two thousand Twenty (on 17/08/2020) 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 17/07/2020(Friday, the Seventeenth day of July Two Thousand and Twenty). ASSISTANT REGISTRAR(CS-II) ORDER DATED : 17/07/2020 HEARING DATE : 17/08/2020 ========================== NOTICE ========================== HCP(MD). No.452 of 2020 https://hcservices.ecourts.gov.in/hcservices/ VB (22.07.2020) 2P 7C