Thavamani v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.09.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1411 of 2015 Thavamani ... Petitioner/sister of the Detenue -v1.The State of Tamil Nadu, rep. by its Secretary of Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Salem City.

3.The Superintendent, Central Prison, Salem-7.

... 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 the detention of petitioner's brother Srinivasan, aged 34 years, son of Natesan, presently detained in Central Prison, Salem under Act 14/1982 as a Goonda vide detention order dated 20.05.2015 in C.M.P. No.48/Goonda/Salem City 2015 on the file of the second respondent herein directing to produce the body or the person of the detenu, before this Court and thereafter set him at liberty from the Central Prison, Salem by set aside the above order. For Petitioner :

Mr.B.Vasudevan 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 sister of the detenu Srinivasan, aged 34 years, son of Natesan, has come forward with this petition challenging the detention order in C.M.P. No.48/Goonda/Salem City 2015, dated 20.05.2015 passed by the second respondent against her brother branding him as a "Goonda" 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the order of detention passed by the second respondent as against the brother of the petitioner dated 20.05.2015 has been revoked by the Government in G.O. [Rt] No.4156, Home, Prohibition & Excise [XIV] Department dated 03.07.2015 and he has also produced a copy of the said order.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.

-s/dAssistant Registrar(J) dt:08/10/2015 True Copy Sub-Assistant Registrar cse To 1.The Secretary of Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Salem City.

3.The Superintendent, Central Prison, Salem-7.

4.The Joint Secretary to Government Public Law and Order Fort St.George Chennai-9 5.The Public Prosecutor, High Court of Madras, Chennai 600 104.

H.C.P. No.1411 of 2015 aa09/10/2015