Selva @ Selvaraj v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.1530 of 2016 Selva @ Selvaraj : Petitioner Vs.

1.The State of Tamil Nadu, Rep. by, The Principal Secretary to Government, Home (Prison) Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai-9.

2.The Additional Director General of Police/ Inspector General of Prisons, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli 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 by name Selva @ Selvaraj, son of Karupaiya Pillai, aged about 50 years now lodged and confined at Central Prison, Palayamkottai before this Court and set him at liberty on the basis of the communication letter sent by the respondent No.2 to the respondent No.1 in No.24582/PS1/2013, dated 11.02.2016 within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.C.Mayilvahana Rajendran, Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] Today, when the matter was taken up for consideration, the learned counsel for the petitioner submitted that during the pendency of the Habeas Corpus Petition, the first respondent has rejected the proposal submitted by the second respondent, by order dated 23.01.2017, in G.O.(D)No.90. Therefore, the learned counsel for the petitioner seeks permission of this Court to withdraw the Habeas Corpus Petition with liberty to the petitioner to challenge the order dated 23.01.2017. He has also made an endorsement to that effect.

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2. In view of the endorsement so made, the Habeas Corpus Petition is dismissed as withdrawn with liberty. Sd/- Assistant Registrar(RTI) /TRUE COPY/ Sub Assistant Registrar To 1.The Principal Secretary to Government, State of Tamil Nadu, Home (Prison) Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai-9.

2.The Additional Director General of Police/ Inspector General of Prisons, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai-8.

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

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

Sml sva/bs/21.02.2017/2p/5c Order made in H.C.P.[MD].No.1530 of 2016 Dated: 13.02.2017 https://hcservices.ecourts.gov.in/hcservices/