Sathish Kumar v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI and Crl.M.P.(MD) No.3970 of 2020 Sathish Kumar ... Petitioner -vs1.Union of India, rep.by the Principal Secretary, Department of Agriculture and Co-operation, Ministry of Agriculture and farmer welfare (Fishing), Krishi Bhavan, New Delhi.

2.Union of India, rep.by the Principal Secretary, Ministry of Defence, Union of India, New Delhi.

3.Union of India rep.by the Principal Secretary Ministry of Home Affairs Union of India, New Delhi.

4.The State of Tamilnadu, rep.by the Principal Secretary, Department of Fisheries, Fort St.George, Chennai-600 009.

5.The State of Tamilnadu, rep.by the Principal Secretary, Home Department, Fort St.George, Chennai-600 009.

6.The Director General of Police Office of the Director General of Police 601, Dr.Radhakrishnan Salai Mylapore, Chennai-600 004.

7.The District Collector, Office of the District Collector, Kanniyakumari.

8.The Superintendent of Police, Office of the Superintendent of Police, Kanniyakumari District.

... Respondents 1/3

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the person and body of the missing fisherman by name Ignatius, son of Kamaliyaas, aged 42 years, before this Court and set him at liberty.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.V.Kathirvelu, Assistant Solicitor General of India assisted by Mr.V.Malaiyendran Central Government Standing Counsel for R1 to R3 Mr.V.Neelakandan Additional Public Prosecutor for R4 to R8

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed by the petitioner seeking direction to the respondents to produce the person or body of the missing fisherman, namely, Ignatius, son of Kamaliyaas, aged 42 years, before this Court and set him at liberty.

2. When the matter is taken up for hearing, Mr.R.Alagumani, learned counsel for the petitioner, Mr.V.Kathirvelu, learned Assistant Solicitor General, assisted by Mr.V.Malaiyendran, learned Central Government Standing Counsel, for the respondents 1 to 3 and Mr.V.Neelakandan, learned Additional Public Prosecutor for the respondents 4 to 8, submitted that the dead body of the detenu has been recovered on 07.08.2020 and handed over to the petitioner.

3. In view of the above submissions, the habeas corpus petition is closed as no further orders are required. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) krk Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. 2/3

To:

1.The Principal Secretary, Department of Agriculture and Co-operation, Ministry of Agriculture and farmer welfare (Fishing), Union of India, Krishi Bhavan, New Delhi.

2.The Principal Secretary, Ministry of Defence, Union of India, New Delhi.

3.The Principal Secretary, Ministry of Home Affairs, Union of India, New Delhi.

4.The Principal Secretary, Department of Fisheries, State of Tamilnadu, Fort St.George, Chennai-600 009.

5.The Principal Secretary, Home Department, State of Tamilnadu, Fort St.George, Chennai-600 009.

6.The Director General of Police, Office of the Director General of Police, 601, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

7.The District Collector, Office of the District Collector, Kanniyakumari District at Nagercoil.

8.The Superintendent of Police, Office of the Superintendent of Police, Kanniyakumari District at Nagercoil.

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

and Crl.M.P.(MD) No.3970 of 2020 12.08.2020 SPU(28.08.2020) 3P 10C 3/3