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Madras High CourtHCP(MD)/1211/2019allowed

Jegan v. The Secretary To Government

2020-10-01Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

HCP(MD). No.1211 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Fifteenth day of November, Two Thousand and Nineteen PRESENT The Honourable Mr. Justice S.VAIDYANATHAN AND The Honourable Mr.Justice N.ANAND VENKATESH HCP(MD). No.1211 of 2019 (in the matter of the detenu viz. JEGAN, AGED 34, SON OF ACHUTHAN under Article 226 of the Constitution of India) Jegan (Male/Age 34) ... Petitioner/Detenu Vs

1. State of Tamil Nadu Rep. By The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

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

To

1. The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

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

(With copies of petition and affidavit for each) Through

1. THE REGISTRAR GENERAL, MADRAS HIGH COURT, MADRAS-104. (Regarding the 1st Respondent)

2. THE DISTRICT AND SESSIONS JUDGE, KANNIYAKUMARI AT NAGERCOIL. (REGARDING THE 2ND RESPONDENT)

3. THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI DISTRICT. (REGARDING THE 3RD RESPONDENT) (in duplicate, with copies for immediate service and return with covering letter) https://hcservices.ecourts.gov.in/hcservices/ 1/2

HCP(MD). No.1211 of 2019 Whereas upon Motion this day made unto this Court by Mr.N.Pragalathan, Advocate for the petitioner praying this Court to issue a Writ of Habeas Corpus calling for the entire records connected with the detention order passed in P.D. No.42/2019 dated 30.10.2019 on the file of the Second Respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely JEGAN, AGED 34, SON OF ACHUTHAN, now detained at Central Prison, Palayamkottai, before this Hon'ble Court and set him at liberty forthwith.

Whereas this Court hath directed issue of notice, returnable by 16/12/2019 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 Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

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

The respondents 1 to 3 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 16/12/2019 to show cause why this petition should not be complied with.

HEREIN FAIL NOT, WITNESS the Honourable Thiru AMRESHWAR PRATAP SAHI, The Chief Justice of the High Court of Judicature at Madras on 15/11/2019 (Friday, the Fifteenth day of November, Two Thousand and Nineteen). ASSISTANT REGISTRAR(CS-III) ORDER DATED : 15/11/2019 HEARING DATE : 16/12/2019 NOTICE HCP(MD). No.1211 of 2019 VB(22.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2