Madras High CourtHCP/111/2017dismissed as infructuous

Selvi, Aged 55 Years, v. The State Of Tamil Nadu,

2017-07-10Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.07.2017

CORAM

THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN H.C.P.No.111 of 2017 Selvi .. Petitioner Vs 1.The State of Tamil Nadu Rep. By its Secretary to Government Home, Prohibition and Excise Department Fort St. George Chennai - 600 009 2.The Commissioner of Police Salem City 3.The Superintendent Sub Jail Rasipuram (through The Superintendent Borstal School, Pudukkottai) .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records pertaining to the detention of petitioner's son Muthu @ Muthaiyan, Son of Veerasamy, aged 21 years, presently detailed at the Borstal School, Pudukkottai under Act 14/1982 as a "Goonda"vide the Detention order dated 01.07.2016 in C.M.P.No.45/Goonda/Salem City/2016 directing to produce body or the person

of the detenu before this Court and thereafter set him at liberty. For Petitioner : Mr.B.Vasudevan For Respondents : Mr..V.M.R.Rajentren Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.SELVAM, J.] This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for the records relating to the detention order passed in C.M.P.No.45/Goonda/Salem City/2016 dated 01.07.2016, against the detenu by name, Muthu @ Muthaiyan, aged 21 years, S/o.Veerasamy, residing at Rose Garden, Sanar Street, Kannankurichi, Salem and quash the same.

2. The learned counsel appearing for the petitioner has represented that the detention period has already become expired and the detenu has been released.

3.Considering the fact that the Detention Order in question has been passed on 01.07.2016 for a period of one year, it is needless to say that the period of detention has already become expired.

4. Considering the above said facts and circumstances, the relief sought for in the present petition has become infructuous.

5. In fine, this petition is dismissed.

[A.S., J.] [P.K., J.] 10.07.2017 gpa To

1. The Secretary to Government Home, Prohibition and Excise Department Fort St. George Chennai - 600 009 2.The Commissioner of Police Salem City 3.The Superintendent Sub Jail, Rasipuram 4.The Public Prosecutor, High Court, Madras.

A.SELVAM, J.

and P.KALAIYARASAN, J.

gpa H.C.P.No.111 of 2017 10.07.2017