Madras High CourtHCP(MD)/1248/2019dismissed as infructuous

Selvam @ Selvamurugan @ Thoothukudi Selvam v. The Secretary To Government

2020-01-27Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Twenty Fifth day of November,Two Thousand and Nineteen PRESENT The Honourable Mr Justice S.VAIDYANATHAN AND The Honourable Mr.Justice N.ANAND VENKATESH HCP(MD). No.1248 of 2019 (in the matter of SELVAM @ SELVAMURUGAN @ THOOTHUKUDI SELVAM, AGED 32, SON OF RAMAKRISHNAN under Article 226 of the Constitution of India) Selvam @ Selvamurugan @ Thoothukudi Selvam S/o.Ramakrishnan, Karumpattur, South Thamaraikulam, Agasteeswaram Taluk, Kanniyakumari District.

(Now confined at Central Prison, Palayamkottai, Tirunelveli District) ... Petitioner/Detenu Vs

1. State of Tamil Nadu, Rep. by The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2. The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

To R1. The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department,, Fort St. George, Chennai 600 009.

R2. The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

R3. The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli. (With copies of petition and affidavit for each) Through

1. THE REGISTRAR GENERAL, MADRAS HIGH COURT, CHENNAI-104.

( Regarding R1)

2. THE DISTRICT AND SESSIONS JUDGE, NAGERCOIL ( Regarding R2)

3. THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI ( Regarding 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 MR.N.PRAGALATHAN, Advocate for the petitioner, praying that this Honourable Court may be pleased to issue a Writ of Habeas Corpus, calling for the entire records connected with the Detention order passed in P.D.No.43/2019 dated 07.11.2019 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely SELVAM @ SELVAMURUGAN @ THOOTHUKUDI SELVAM, AGED 32, SON OF RAMAKRISHNAN, now detained at Central Prison, Palayamkottai, before this Honourable Court and set him at liberty forthwith.

Whereas this Court hath directed issue of notice, returnable by Thursday, the Second day of January Two Thousand and Twenty (02/01/2020) 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 Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department,, Fort St. George, Chennai 600 009.

R2. The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

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 Thursday, the Second day of January Two Thousand and Twenty (02/01/2020) 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 Monday, the Twenty Fifth day of November,Two Thousand and Nineteen(25/11/2019). ASSISTANT REGISTRAR(CS-II) ORDER DATED : 25/11/2019 HEARING DATE : 02/01/2020 NOTICE HCP(MD). No.1248 of 2019 MK (29.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/