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Madras High CourtHCP(MD)/1212/2019allowed

Chellakutti @ Selvaraj v. The Additional Chief Secretary To Government

2020-07-29Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Eighteenth 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.1212 of 2019 (in the matter of PETITIONER'S SON NAMELY ATHIYAMAN S/O CHELLAKUTTI @ SELVARAJ, AGED 22 YEARS under Article 226 of the Constitution of India) Chellakutti @ Selvaraj ... Petitioner Vs State of Tamil Nadu Rep., by The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

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

3 The Superintendent, Central Prison, Madurai. ... Respondents To The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

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

3 The Superintendent, Central Prison, Madurai. (With copies of petition and affidavit for each) Through THE REGISTRAR GENERAL, HIGH COURT, MADRAS-104 FOR R1 THE PRINCIPAL DISTRICT JUDGE, SIVAGANGAI FOR R2 THE PRINCIPAL DISTRICT JUDGE, MADURAI FOR R3 https://hcservices.ecourts.gov.in/hcservices/

(in duplicate, with copies for immediate service and return with covering letter) Whereas upon Motion this day made unto this Court by Thiru. S.RAMACHANDRA PRADEEP, Advocate for the petitioner and 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 Cr.M.P.No.34/Goonda/2019 dated 06.11.2019 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 ATHIYAMAN S/O CHELLAKUTTI @ SELVARAJ, AGED 22 YEARS who is detained in Central Prison, Madurai, before this Hon'ble Court and set him at liberty.

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 The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

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

3 The Superintendent, Central Prison, Madurai. 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 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 Monday, the Eighteenth day of November Two Thousand and Nineteen (18/11/2019). ASSISTANT REGISTRAR(CS-III) ORDER DATED : 18/11/2019 HEARING DATE : 16/12/2019 NOTICE HCP(MD). No.1212 of 2019 https://hcservices.ecourts.gov.in/hcservices/ TR(22.11.2019) 2P 7C