Madras High CourtHCP(MD)/1199/2019allowed

P. Kavitha v. The Additional Chief Secretary To Government

2020-07-22Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Thirteenth day of November Two Thousand and Nineteen PRESENT The Hon'ble Mr Justice S.VAIDYANATHAN AND The Hon'ble Mr.Justice N.ANAND VENKATESH HCP(MD). No.1199 of 2019 (in the matter of PETITIONER'S SON NAMELY MANIKANDAN S/O PALANISAMY, MALE AGED 24 YEARS under Article 226 of the Constitution of India) P. Kavitha, W/o.Palanisamy, North Street, Udharamangalam, Papanasam Taluk, Thanjavur District.

... Petitioner Vs 1 The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-9.

2 The District Collector and District Magistrate, Thanjavur District 3 The Superintendent, Central Prison, Trichy.

... 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, Thanjavur District 3 The Superintendent Central Prison, Trichy.

(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) https://hcservices.ecourts.gov.in/hcservices/

Whereas upon Motion this day made unto this Court by Thiru. KAS.PRABHU, 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.No.22/2019 dated 23.10.2019 on the file of the R2 herein and set aside the same as illegal and direct the respondents to produce the body or person of the petitioner's son namely Manikandan, S/o.Palanisamy, male aged 24 years who is detained in Central Prison, Trichirappalli before this Court and set him at liberty. Whereas this Court hath directed issue of notice, returnable by Wednesday, the Eleventh day of December, Two Thousand and Nineteen (11/12/2019) to the respondents 1 to 3 herein to show cause why this petition should not be complied with:

Now take notice that you, namely R1 The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-9.

R2 The District Collector and District Magistrate, Thanjavur District R3 The Superintendent, Central Prison, Trichy.

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 Wednesday, the Eleventh day of December, Two Thousand and Nineteen(11/12/2019) 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 and Nineteen(13/11/2019). ASSISTANT REGISTRAR(CS-II) ORDER DATED : 13/11/2019 HEARING DATE : 11/12/2019 NOTICE HCP(MD). No.1199 of 2019 MK (22.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/