Madras High CourtHCP(MD)/798/2017disposed of

E.Sagayamary v. The Principal Secretary

2017-06-07Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.798 of 2017 E.Sagayamary : Petitioner Vs.

1.The Principal Secretary, Ministry of External Affairs, E-Block, Central Secretariat, New Delhi.

2.The State of Tamil Nadu, Home Department, Fort St.George, Chennai.

Represented by its Principal Secretary 3.The District Collector, Ramanathapuram District, Ramanathapuram.

4.The Assistant Director of Fisheries, Fisheries Department Office, Rameshwaram, Ramanathapuram District.

5.The Officer-in-charge, MRSSC Mandapam, C/o Indian Coast Guard Services Mandapam, Mandapam, Tamil Nadu.

6.The Superintendent of Police, SP Office, Ramanathapuram, Ramanathapuram District.

7.The Inspector of Police(Marine), Marine Police Department, Mandapam, Ramanathapuram District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the petitioner's husband namely Mr.J.Edward Fransis or his body or person of the detenu before this Court and set him at liberty.

For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.T.Mohan Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

2. The present Habeas Corpus Petition has been filed seeking a Writ of Habeas Corpus, directing the respondents to produce the petitioner's husband, namely, Mr.J.Edward Fransis or his body or person of the detenu before this Court and set him at liberty.

3. The detenu was travelling in a country boat and now the police have found that the detenu is dead and a dead body has been recovered near Kodiyakarai and the son of the petitioner has seen the dead body and identified the same.

4. In the light of the said submission, the petitioner is at liberty to approach the police authorities to receive the body and do the needful, subject to confirmation of the dead body.

5. The Habeas Corpus Petition is disposed of on the above terms.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Principal Secretary, Ministry of External Affairs, E-Block, Central Secretariat, New Delhi.

2.The Principal Secretary to Government, Home Department, Fort St.George, Chennai.

3.The District Collector, Ramanathapuram District, Ramanathapuram.

4.The Assistant Director of Fisheries, Fisheries Department Office, Rameshwaram, Ramanathapuram District.

5.The Officer-in-charge, MRSSC Mandapam, C/o Indian Coast Guard Services Mandapam, Mandapam, Tamil Nadu.

6.The Superintendent of Police, SP Office, Ramanathapuram, Ramanathapuram District.

7.The Inspector of Police(Marine), Marine Police Department, Mandapam, Ramanathapuram District.

8.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

NB RL/9c/3p/KP/SAR1/14.6.2017 ORDER MADE IN H.C.P.[MD].No.798 of 2017 07.06.2017