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Madras High CourtHCP(MD)/1209/2019allowed

Shanmugasundari v. The Additional Chief Secretary To Government

2020-07-10Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

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.1209 of 2019 (in the matter of SUBRAMANIAN, S/O KRISHNASAMY, AGED ABOUT 24 YEARS under Article 226 of the Constitution of India) Shanmugasundari, W/o.Subramanian, Muthuramalinga Thevar Street, South Vilagam, Tirunelveli District.

... Petitioner/Wife of the Detenu Vs

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

2. The Deputy Inspector General of police, Tirunelveli Range and Commissioner of the Police, Tirunelveli City(FAC).

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

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

R2 The Deputy Inspector General of police, Tirunelveli Range and Commissioner of the Police, Tirunelveli City(FAC).

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

(With copies of petition and affidavit for each) Through THE REGISTRAR GENERAL, MADRAS HIGH COURT, CHENNAI (for R1) THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI (RR2 & 3) (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 MR. R.VINOTH BHARATHI, Advocate for the petitioner and MR.K.DINESH BABU, Additional Public Prosecutor for the respondents 1 to 3 and the Advocate for the petitioner praying to issue a writ of habeas corpus calling for the entire records, connected with the detention order of the R-2 in No.20/BCDFGISSSV/2019 dated 29.10.2019 and quash the same and direct the respondents to produce the detenu by name Subramanian, Son of Krishnasamy, aged about 24 years, in Palayamkottai Central Prison, before this Court and set him at liberty forthwith.

Whereas this Court hath directed issue of notice, returnable by Monday, the Sixteenth day of December, Two Thousand and Nineteen(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 R1 The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-9.

R2 The Deputy Inspector General of police, Tirunelveli Range and Commissioner of the Police, Tirunelveli City(FAC).

R3 The Superintendent of Prison Palayankottai Central Prison, 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 Monday, the Sixteenth day of December, Two Thousand and Nineteen(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 Friday, the Fifteenth day of November Two Thousand Nineteen(15/11/2019). ASSISTANT REGISTRAR(CS-II) ORDER DATED : 15/11/2019 HEARING DATE : 16/12/2019 NOTICE HCP(MD). No.1209 of 2019 MK (22.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/