Madras High CourtHCP(MD)/1219/2019allowed

Chellakutti @ Selvaraj v. The Additional Chief Secretary To Government

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

HCP(MD). No.1219 of 2019 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.1219 of 2019 (in the matter of PETITIONER'S SON NAMELY VIYAS @ VIYASAR S/O CHELLAKUTTI @ SELVARAJ AGED 20 YEARS under Article 226 of the Constitution of India) Chellakutti @ Selvaraj S/o.Neelamegam, Vellalar Street, Thiruppuvanam Palaiyur, Thiruppuvanam Taluk, Sivaganga District ... Petitioner/Father of the Detenue Vs 1 The Additional Chief Secretary to Government, Home, Prohibition and, Excise (XV I) 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 R1 The Additional Chief Secretary to Government, Home, Prohibition and, Excise (XV I) Department, Secretariat,, Chennai - 9.

R2 The District Magistrate and District Collector, O/o.The District, Magistrate and District Collector, Sivaganga, District, Sivaganga.

R3 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 (in duplicate, with copies for immediate service and return with covering letter) https://hcservices.ecourts.gov.in/hcservices/ 1/2

HCP(MD). No.1219 of 2019 Whereas upon Motion this day made unto this Court by Thiru. S.RAMACHANDRA PRADEEP, 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 Cr.M.P.No.35/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 ETITIONER'S SON NAMELY VIYAS @ VIYASAR S/O CHELLAKUTTI @ SELVARAJ AGED 20 YEARS, who is detained in Central Prison, Madurai.

Whereas this Court hath directed issue of notice, returnable by 16/12/2019 (Monday, the Sixteenth 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 (XV I) Department, Secretariat,, Chennai - 9.

R2 The District Magistrate and District Collector, O/o.The District, Magistrate and District Collector, Sivaganga, District, Sivaganga.

R3 The Superintendent Central Prison, Madurai.

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 16/12/2019 (Monday, the Sixteenth day of December, Two Thousand and Nineteen)to show cause why this petition should not be complied with.

HEREIN FAIL NOT, WITNESS The Hon'ble Thiru. AMRESHWAR PRATAP SAHI, The Chief Justice of the High Court of Judicature at Madras on 18/11/2019)(Monday, the Eighteenth day of November, Two Thousand and Nineteen. ASSISTANT REGISTRAR(CS II) ORDER DATED : 18/11/2019 HEARING DATE : 16/12/2019 NOTICE HCP(MD). No.1219 of 2019 KK/SAR/22.11.2019/2P-7C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2