Madras High CourtHCP(MD)/1313/2019allowed

Suganya v. The Additional Chief Secretary To Government

2020-10-12Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

HCP(MD). No.1313 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Thursday, the Twelfth day of December Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice T.RAJA AND The Hon'ble Mr Justice B.PUGALENDHI HCP(MD). No.1313 of 2019 (in the matter of detenu namely SONAIMUTHU, S/O.ARUMUGAM, MALE, AGED ABOUT 29 YEARS under Article 226 of the Constitution of India) Suganya ...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 District Collector and District Magistrate, O/o.The District Collector and District Magistrate, sivagangai District, Sivagangai.

3 The Superintendent Central Prison, Trichy.

...Respondents

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

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

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

THE REGISTRAR GENERAL, HIGH COURT, CHENNAI - 600 104. FOR R1, THE PRINCIPAL DISTRICT JUDGE, SIVAGANGAI FOR RR2, THE PRINCIPAL DISTRICT JUDGE, TRICHY FOR R3 (Res.1 to 3) (in duplicate, with copies for immediate service and return with covering letter) Whereas upon Motion this day made unto this Court by Mr. K.G.ARUN KUMAR, Advocate for the petitioner and of Mr.K.DINESH https://hcservices.ecourts.gov.in/hcservices/ 1/2

HCP(MD). No.1313 of 2019 BABU, Additional Public Prosecutor on behalf of 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.36/Goonda/2019 dated 26.11.2019 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 husband namely SONAIMUTHU, S/O.ARUMUGAM, MALE, AGED ABOUT 29 YEARS, who is detained in Central Prison, Trichy. Whereas this Court hath directed issue of notice, returnable by 10/01/2020 (Friday, the Tenth day of January, Two Thousand and Twenty) 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 District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Sivagangai District, Sivagangai.

R3 The Superintendent Central Prison, Trichy. 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 10/01/2020 (Friday, the Tenth day of January, Two Thousand and Twenty) 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 Thursday, the Twelfth day of December Two Thousand and Nineteen. ASSISTANT REGISTRAR(CS II) ORDER DATED : 12/12/2019 HEARING DATE : 10/01/2020 NOTICE HCP(MD). No.1313 of 2019 KK/19.12.2019/2P-7C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2