Chithambara Gounder v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.08.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1152 of 2015 Chithambara Gounder

...Petitioner

-v1.State of Tamil Nadu, rep. by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector and District Magistrate,

...Respondents

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus to call for the entire records relating to petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 04.04.2015 on the file of the second respondent herein made in proceedings Cr.M.P. No.18/B.L./2015/E1 and quash the same as illegal and consequently direct the respondents herein to produce the said petitioner's son namely Chellappan, son of Chithambara Gounder, aged about 55 years, before this Court and set the petitioner's son at liberty from detention, now petitioner's son detained at Central Prison, For Petitioner :

Mr.M.N.Balakrishnan For Respondents :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.TAMILVANAN,J.) The petitioner, who is the father of the detenu Chellappan, son of Chithambara Gounder, aged about 55 years, has come forward with this petition challenging the detention order in Cr.M.P. No.18/B.L./2015/E1 dated 04.04.2015 passed by the second respondent against his son branding him as a "Bootlegger" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982]. 2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the son of the petitioner dated 04.04.2015 has been revoked by the Government in G.O. [Rt] No.3167, Home, Prohibition & Excise [XII] Department dated 11.05.2015 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous.

Sd/- Assistant Registrar(LA) //True Copy// Sub Assistant Registrar vga To 1.State of Tamil Nadu, rep. by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector and District Magistrate,

3.The Superintendent of Central Prison, 4.The Joint Secretary to Government, Public (Law & Order) Fort St. George, Chennai - 9.

5.The Public Prosecutor, High Court of Madras, Chennai 600 104.

H.C.P. No.1152 of 2015 ALA (CO) PSI(22.09.2015)