Madras High CourtHCP(MD)/1228/2021allowed

Madasamy @ Mahesh v. The Additional Cheif Secretary To Government

2022-03-07Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

HCP(MD). No.1228 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Special Original Jurisdiction) Thursday, the Twenty Sixth day of August Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN AND The Hon'ble Mrs.Justice J.NISHA BANU HCP(MD). No.1228 of 2021 (in the matter of Madasamy alias Mahesh, Male, Aged about 31 years, S/o.Gurunathan under Article 226 of the Constitution of India) Madasamy alias Mahesh ... Petitioner / Detenu Vs 1.State of Tamil Nadu Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

2.The Collector/District Magistrate, Tirunelveli District, Tirunelveli.

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

Tirunelveli. ... Respondents To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

2.The Collector/District Magistrate, Tirunelveli District, Tirunelveli.

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

Tirunelveli.

' Through'

1.)THE REGISTRAR GENERAL, HIGH COURT, MADRAS (Res.'1') 2.)THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI (Res'2'&3) (in duplicate, with copies for immediate service and return with covering letter) Whereas upon Motion this day made unto this Court by M/s.N.PRAGALATHAN Advocate for the Petitioner and M/s.S.Ravi Standing Counsel for the State of Tamil Nadu for the Respondents and https://hcservices.ecourts.gov.in/hcservices/ 1/2

HCP(MD). No.1228 of 2021 the Advocate for the Petitioner praying this Honourable Court to issue a Writ of Habeas Corpus calling for the records pertaining to the impugned Detention Order passed by the Second Respondent made in Detention Order in M.H.S.Confdl No.87/2021, dated:22.07.2021 in detaining the detenu under Section 2 (f) of the Tamil Nadu Act 14 of 1982 as "Goonda" and quash the same and direct the Respondents to produce the detenu Madasamy alias Mahesh, Male, Aged about 31 years, S/o.Gurunathan who is detained in Central Prison, Palayamkottai, before this Honourable Court and set him at liberty. Whereas this Court hath directed issue of notice, returnable by 24/09/2021 i.e Friday, the Twenty Fourth day of September Two Thousand and Twenty One.

Now take notice that you, namely 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

2.The Collector/District Magistrate, Tirunelveli District, Tirunelveli.

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

Tirunelveli.

The Respondents 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 Friday, the Twenty Fourth day of September Two Thousand and Twenty One(24/09/2021) to show cause why this petition should not be complied with.

HEREIN FAIL NOT, WITNESS The Hon'ble Mr.Justice SANJIB BANERJEE, The Chief Justice of the High Court of Judicature at Madras on Thursday, the Twenty Sixth day of August Two Thousand and Twenty One 26/08/2021. ASSISTANT REGISTRAR (CS II) ORDER DATED : 26/08/2021 HEARING DATE : 24/09/2021 =========================== NOTICE =========================== HCP(MD). No.1228 of 2021 RS (03.09.2021) 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2