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Madras High CourtHCP(MD)/1168/2019allowed

Nageswari v. The Additional Chief Secretary To Government

2020-07-31Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Special Original Jurisdiction ) Wednesday, the Sixth day of November Two Thousand and Nineteen PRESENT The Hon'ble Mr Justice S.VAIDYANATHAN AND The Hon'ble Mr.Justice N.ANAND VENKATESH (in the matter of PETITIONER'S SON NAMELY MUTHAIYA SON OF CHELLATHAMBI, MALE, AGED 23 YEARS under Article 226 of the Constitution of India) Nageswari, W/o.Chellathambi, Lanjiyadi, Jegathapattinam, Manamelgudi Taluk, Pudukkottai District.

... Petitioner Vs 1 The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai -9. 2 The District Magistrate and District Collector, O/o.The District, Magistrate and District Collector, Pudukkottai District, Pudukkottai.

3 The Superintendent, Central Prison, Tiruchirappalli.

... Respondent(s) To 1 The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai -9. 2 The District Magistrate and District Collector, O/o.The District, Magistrate and District Collector, Pudukkottai District, Pudukkottai.

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3 The Superintendent, Central Prison, Tiruchirappalli.

(With copies of petition and affidavit for each) Through THE REGISTRAR GENERAL, HIGH COURT, MADRAS-104 FOR R1 THE PRINCIPAL DISTRICT JUDGE, PUDUKOTTAI FOR R2 THE PRINCIPAL DISTRICT JUDGE, TIRUCHIRAPPALLI FOR R3 (in duplicate, with copies for immediate service and return with covering letter) Whereas upon Motion this day made unto this Court by Mr. K.G.ARUN KUMAR, Advocate for the petitioner and of 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 in detention order passed in P.D.O.No.64/2019 dated 16.10.2019 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the PETITIONER'S SON NAMELY MUTHAIYA SON OF CHELLATHAMBI, MALE, AGED 23 YEARS who is detained in Central Prison, Tiruchirappalli before this Court and set him at liberty. Whereas this Court hath directed issue of notice, returnable by 04/12/2019 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, Home, Prohibition and Excise Department, Fort St. George, Chennai -9. 2 The District Magistrate and District Collector, O/o.The District, Magistrate and District Collector, Pudukkottai District, Pudukkottai.

3 The Superintendent, Central Prison, Tiruchirappalli.

The respondents 1 to 3 herein is/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 04/12/2019 to show cause why this petition should not be complied with.

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HEREIN FAIL NOT.

WITNESS the Honourable Dr.Justice VINEET KOTHARI The Acting Chief Justice of the High Court of Judicature at Madras on 06/11/2019. ASSISTANT REGISTRAR (CS-I) ORDER DATED : 06/11/2019 HEARING DATE : 04/12/2019 ========================== NOTICE ========================== JMN(14.11.2019) 3P : 7C 3/3