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Madras High CourtHCP/1278/2017dismissed

Manokar, Age 22 Years v. The State Of Tamil Nadu

2017-10-13Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :13.10.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1278 of 2017 Manokar ... Petitioner Vs.

1.The State of Tamil Nadu Rep. By Secretary to Government, Prohibition and Excise (XVI) Department Fort St. George Chennai - 600 009.

2. The Commissioner of Police Chennai Police, Office of the Commissioner of Police (Goondas Section) Vepery, Egmore, Chennai -600 008

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records relating to the detention order dated 20.05.2017 passed by the 2nd respondent herein in his office proceedings B.C.D.F.G.I.S.S.S.V.No.279 of 2017 and quash the same and direct the respondents herein to produce the petitioner's brother Manivannan@Ganjamani, son of Sankar, aged 25 years, No.1/452, M.G.R.Street, Balamurugan Nagar,

Attanthangal Village, Redhills, Chennai -52, who is presently under going detention in the Central Prison, Puzhal under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug offenders, Forest offenders, Goondas, immoral Traffic Offenders, Slum Grabbers and video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) before this Court and set him at liberty forthwith.

For Petitioner : Mr.P.Chandra Sekar For Respondents : Mr.V.M.R.Rajentran, Addl. Public Prosecutor.

O R D E R

(Order of the Court was made by RAJIV SHAKDER, J) The petitioner is the brother of the detenu, namely, Manivannan@Ganjamani, S/o.Sankar, male, aged about 25 years. The detenu has been detained by the 2nd respondent by his order in No.279/BCDFGISSSV/2017 dated 20.05.2017, holding him to be a "Goonda", as contemplated under 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. The learned Additional Public Prosecutor would submit that the order of detention passed by the 2nd respondent as against the brother of the

petitioner dated 20.05.2017 has been revoked by the Government in G.O.Rt.No.3230, Home, Prohibition & Excise (XII) Department dated 03.07.2017 and he has also produced a copy of the said order.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. (R.S.A., J.) (N.S.K., J.) 13.10.2017 Index : yes/no ga To 1.The Secretary to the Government Home, Prohibition and Excise (XVI) Department Fort St. George Chennai - 600 009.

2 The Commissioner of Police, Chennai Police, Office of the Commissioner of Police (Goondas Section) Vepery, Egmore, Chennai -8 3.The Superintendent, Central Prison, Puzhal, Chennai 4.The Public Prosecutor, Madras High Court, Chennai.

RAJIV SHAKDER, J.

and N.SATHISH KUMAR, J.

ga H.C.P.No.1278 of 2017 13.10.2017