Madras High CourtHCP(MD)/1201/2019allowed

Sadasivam, S/O.Andipillai, v. The Additional Chief Secretary To Government

2020-02-12Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Thirteenth day of November Two Thousand Nineteen PRESENT The Hon'ble Mr.Justice S.VAIDYANATHAN AND The Hon'ble Mr.Justice N.ANAND VENKATESH HCP(MD). No.1201 of 2019 (in the matter of PETITIONER'S SON NAMELY PREMKUMAR S/O SADASIVAM, MALE, AGED 28 YEARS under Article 226 of the Constitution of India) Sadasivam, S/o.Andipillai, North Street, Udharamangalam Papanasam Taluk, Thanjavur District.

... Petitioner Vs 1 State of Tamil Nadu Rep by The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-9..

2 The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Thanjavur District, Thanjavur.

3 The Superintendent Central Prison, Tiruchirappalli. ... Respondents To 1 The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-9..

2 The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Thanjavur District, Thanjavur.

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, THANJAVUR 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 Thiru.KAS.PRABHU, Advocate for the petitioner and Thiru. 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.No.25/2019 dated 23.10.2019 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the body or person of the petitioner's son namely Premkumar, S/o Sadasivam, male, aged 28 years, who is detained in Central Prison, Tiruchirappalli before this Hon'ble Court and set him at liberty.

Whereas this Court hath directed issue of notice, returnable by 12/12/2019 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 Collector and District Magistrate, O/o.The District Collector and District Magistrate, Thanjavur District, Thanjavur.

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 12/12/2019 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 Wednesday, the Thirteenth day of November Two Thousand Nineteen (13/11/2019.) ASSISTANT REGISTRAR(CS-III)

ORDER DATED : 13/11/2019 HEARING DATE : 12/12/2019 ========================== NOTICE ========================== HCP(MD). No.1201 of 2019 SV-II(CO) TR(21.11.2019) 3P 7C