Madras High CourtHCP(MD)/1103/2019allowed

Justin @ Justin Vijay, S/O.Raja v. The Secretary To Government

2020-06-30Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Twenty First day of October Two Thousand and Nineteen PRESENT The Hon'ble Mr Justice S.VAIDYANATHAN AND The Hon'ble Mr.Justice N.ANAND VENKATESH HCP(MD). No.1103 of 2019 (In the matter of JUSTIN @ JUSTIN VIJAY, AGED ABOUT 32 YEARS, S/O. RAJA under Article 226 of the Constitution of India) Justin @ Justin Vijay, ... Petitioner/Detenu Vs 1 The Secretary to Government Home, Prohibition and Excise Dept., Fort St., George, Chennai-9.

2 The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

... Respondents To R 1 The Secretary to Government Home, Prohibition and Excise Dept., Fort St.,George, Chennai-9.

R 2 The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

(With copies of petition and affidavit for each) Through THE REGISTRAR GENERAL, HIGH COURT, CHENNAI REG R1 THE PRINCIPAL DISTRICT JUDGE, KANNIYAKUMARI DISTRICT, REG R2 THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI DISTRICT, REG R3 (In duplicate, with copies for immediate service and return with covering letter) https://hcservices.ecourts.gov.in/hcservices/

Whereas upon Motion this day made unto this Court by MR. N.PRAGALATHAN, Advocate for the petitioner and MR.K.DINESH BABU, Additional Public Prosecutor for the respondents and the Advocate for the petitioner praying to issue a writ of habeas corpus calling for the entire records connected with the detention order passed in P.D.No.35/2019 dated 27.09.2019 on the file of the R2 herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely, Justin @ Justin Vijay, aged about 32 years, S/o, Raja, now detained at Central Prison, Palayamkottai, before this Honourable Court and set him at liberty.

Whereas this Court hath directed issue of notice, returnable by 18/11/2019(Monday, the Eighteenth day of November Two Thousand and Nineteen) to the respondents 1 to 3 herein to show cause why this petition should not be complied with:

Now take notice that you, namely R 1 The Secretary to Government Home, Prohibition and Excise Dept., Fort St., George, Chennai-9.

R 2 The District Collector and District Magistrate, Kanniyakumari District.

R 3 The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli., The respondents R1 to R3 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 18/11/2019(Monday, the Eighteenth day of November Two Thousand and Nineteen) to show cause why this petition should not be complied with.

HEREIN FAIL NOT, WITNESS the Honourable Dr. Justice VINEET KOTHARI, The Acting Chief Justice of the High Court of Judicature at Madras on 21/10/2019(Monday, the Twenty First day of October Two Thousand and Nineteen) ASSISTANT REGISTRAR(CS-II) ORDER DATED : 21/10/2019 HEARING DATE : 18/11/2019 NOTICE HCP(MD). No.1103 of 2019 https://hcservices.ecourts.gov.in/hcservices/ VB(05.11.2019) 2P 7C