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Madras High CourtHCP(MD)/803/2021allowed

Sundar v. The Additional Chief Secretary To Government

2022-01-04Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Twenty Sixth day of May, Two Thousand and Twenty One PRESENT The Honourable Ms.Justice V.M.VELUMANI AND The Honourable Mrs.Justice R.THARANI HCP(MD). No.803 of 2021 (in the matter of Vasuki, Wife of Thiyagarajan, aged about 50 years, under Article 226 of the Constitution of India) Sundar (M, 30/21), S/o Thiyagarajan, Kamarajar Colony Street, Marathurai Village, Pandanallur Firka, Thiruvidaimaruthur Taluk, Thanjavur District.

... Petitioner/Son of the detenue Vs.

1. The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2. The District Collector cum District Magistrate, Office of the District Collector cum District Magistrate, Thanjavur District, Thanjavur.

3. The Superintendent of Prison, Tiruchirappalli Special Prison for Women, Tiruchirappalli.

... Respondents To R1. The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

R2.The District Collector cum District Magistrate, Office of the District Collector cum District Magistrate,

Thanjavur District, Thanjavur.

R3.The Superintendent of Prison, Tiruchirappalli Special Prison for Women, Tiruchirappalli.

(With copies of petition and affidavit for each) Through

1. THE REGISTRAR GENERAL, HIGH COURT OF MADRAS, CHENNAI - 104 (REGARDING R1)

2. THE PRINCIPAL DISTRICT JUDGE, THANJAVUR (REGARDING R2)

3. THE PRINCIPAL DISTRICT JUDGE, TIRUCHIRAPPALLI (REGARDING R3) (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 Mr.S.Ravi, Standing Counsel for Government appearing on behalf of the respondents and the Advocate for the petitioner praying this Hon'ble Court to issue a Writ of Habeas Corpus, calling for the entire records, connected with the Detention Order of the Respondent No.2 in P.D. No.59/2021 dated 06.05.2021 and Quash the same and direct the respondents to produce the body or person of the detenu by name Vasuki, Wife of Thiyagarajan, aged about 50 years, now detained as Boot-Legger at Trichy Special Prison for Women, before this Honourable Court and set her at liberty forthwith.

Whereas this Court hath directed issue of notice, returnable by Thursday, the Twenty Fourth day of June, Two Thousand and Twenty one (24/06/2021) 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, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector cum District Magistrate, Office of the District Collector cum District Magistrate, Thanjavur District, Thanjavur.

3.The Superintendent of Prison, Tiruchirappalli Special Prison for Women, Tiruchirappalli.

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 24/06/2021 to show cause why this petition should not be complied with.

HEREIN FAIL NOT, WITNESS The Honourable Thiru.SANJIB BANERJEE, The Chief Justice of the High Court of Judicature at Madras on 26/05/2021. VACATION OFFICER ORDER DATED : 26/05/2021 HEARING DATE : 24/06/2021 ========================== NOTICE ========================== HCP(MD). No.803 of 2021 KK(03.06.2021) 3P 7C