Madras High CourtHCP/2404/2015reversed and remanded

Mrs.Rohini v. The State Rep By

2016-03-04Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE M.SATHYANANARAYANAN H.C.P.No. 2404 of 2015 Rohini ..

Petitioner Vs.

1.The State rep by The Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009.

2.The Commissioner of Police Commissioner Office (Goondas Section) Vepery, Chennai 7.

3.The Inspector of Police (Law & Order) S-13, Chrompet Police Station Chennai 44.

Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to call for the records relating to the detention order passed by the second respondent pertaining to the order made in 878/BCDFGISSSV/2015 dated 07.09.2015 detaining the detenu under Section 3(1) of Tamil Nadu Act 14 of 1982, as a GOONDA and quash the same and direct the respondents to produce the detenu who is N.Sabari, S/o Nandhakumar, Male, aged about 29 years old, who is detained at Central Prison at Puzhal before this Court and set him at liberty.

For Petitioner : Mr.S.Ramajayam For Respondents : Mr.A.N.Thambidurai Addl. Public Prosecutor

O R D E R

[Order of the Court was made by M.JAICHANDREN, J.] The petitioner, who is the wife of the detenu, Sabari, Son of Nandhakumar, aged about 29 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 07.09.2015 against her husband 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that the order of detention passed by the 2nd respondent as against the husband of the petitioner dated 07.09.2015 has been revoked by the Government in G.O. [Rt] No.67730 dated 28.10.2015 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as infructuous. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar gms To 1.The Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009.

2.The Commissioner of Police Commissioner Office (Goondas Section) Vepery, Chennai 7.

3.The Inspector of Police (Law & Order) S-13, Chrompet Police Station Chennai 44.

4. The Joint Secretary to Government Public (Law and order) Fort St. George, Chennai-9 5.The Additional Public Prosecutor High Court, Madras.

H.C.P.No.2404 of 2015 RSY (CO) kk 23/3