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Madras High CourtHCP/133/2024dismissed as infructuous

M.Rathika v. The State Of Tamil Nadu, Rep. By Its

2024-04-29Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN M.Rathika ... Petitioner/mother of the detenue Vs.

1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Department of Prohibition and excise (Home), Fort St. George, Chennai-600 009.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Thiruvarur District, Thiruvarur.

3.The Superintendent of Police, Thiruvarur District, Thiruvarur.

4.The Superintendent of Prison, Central prison, Tiruchirapalli.

5.The Inspector of Police, Valangaiman Circle, Thiruvarur District.

... Respondents Prayer : 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 records in C.O.C.No.69/2023 dated 29.12.2023 on the file of the second respondent herein and set aside the same as illegal and produce the detenue, Kuberan, son of Muthuvenkatachalam, aged about 24 years, who is confined at Central Prison, Tiruchirapalli, before this Court and set him at liberty. For Petitioner :

Mr.Ilayaraja Kandasamy For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

ORDER

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner herein is the mother of the detenu viz., Kuberan, son of Muthuvenkatachalam, aged about 24 years, confined at Central Prison, Tiruchirapalli, has come forward with this petition challenging the detention order passed by the second respondent dated 29.12.2023 slapped on her son, branding him as "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that the order of detention passed by the second respondent as against the petitioner's son, dated 29.12.2023 has been revoked by the Government in G.O.Rt.No.896, Home, Prohibition and Excise (XV) Department, dated 15.02.2024 and he has also produced a copy of the said order.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 the same has become infructuous. [M.S.R., J] [S.M., J] 29.04.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.Additional Chief Secretary to Government, Department of Prohibition and excise (Home), Fort St. George, Chennai-600 009.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Thiruvarur District, Thiruvarur.

3.The Superintendent of Police, Thiruvarur District, Thiruvarur.

4.The Superintendent of Prison, Central prison, Tiruchirapalli.

5.The Inspector of Police, Valangaiman Circle, Thiruvarur District.

6.The Public Prosecutor, High Court, Madras.

29.04.2024