Madras High CourtHCP(MD)/1205/2019allowed

J. Mahesh Pandian v. The Additional Chief Secretary To Government

2020-09-15Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

HCP(MD). No.1205 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 Hon'ble Mr. Justice S.VAIDYANATHAN AND The Hon'ble Mr.Justice N.ANAND VENKATESH HCP(MD). No.1205 of 2019 (in the matter of PETITIONER'S FATHER i.e JEYAGANESAN ALIAS JEYAKUTTY AGED ABOUT 43 YEARS S/O GANAGASABAPATHI under Article 226 of the Constitution of India) J. Mahesh Pandian, S/o.Jeyaganesan @ Jeyakutty, 6/62E Nandhavanam Street, T. Ramanathapuram, Sivagiri Taluk, Tirunelveli District.

... Petitioner/ Son of the Detenu Vs 1 The Additional Chief Secretary to Government, Home, Prohibition and, Excise Dept., Fort St. George, Chennai-9.

2 The District Collector and District Magistrate, Tirunelveli District.

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

... Respondents To R1 The Additional Chief Secretary to Government, Home, Prohibition and, Excise Dept., Fort St. George, Chennai-9.

R2 The District Collector and District Magistrate, Tirunelveli District.

R3 The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.

(With copies of petition and affidavit for each) Through THE REGISTRAR GENERAL, HIGH COURT, MADRAS-104 FOR R1 THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI FOR R2 AND R3 (in duplicate, with copies for immediate service and return with covering letter) https://hcservices.ecourts.gov.in/hcservices/ 1/2

HCP(MD). No.1205 of 2019 Whereas upon Motion this day made unto this Court by Thiru. MR.N.PRAGALATHAN, Advocate for the petitioner and K.DINESH BABU, Additional Public Prosecutor for the respondents and the Advocate for the petitioner praying to issue a wirt of habeas corpus calling for the entire records connected with the detention order passed in M.H.S.Confdl No.89/2019 dated 01.11.2019 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu namely the petitioner's father i.e JEYAGANESAN ALIAS JEYAKUTTY AGED ABOUT 43 YEARS S/O GANAGASABAPATHI, 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 13/12/2019(Friday, the Thirteenth day of December, 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 R1 The Additional Chief Secretary to Government, Home, Prohibition and, Excise Dept., Fort St. George, Chennai-9.

R2 The District Collector and District Magistrate, Tirunelveli District.

R3 The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.

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 13/12/2019(Friday, the Thirteenth day of December, Two Thousand and Nineteen) 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-II) ORDER DATED : 15/11/2019 HEARING DATE : 13/12/2019 NOTICE HCP(MD). No.1205 of 2019 VB(22.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2