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Madras High CourtHCP/229/2024dismissed as infructuous

Selvaraj v. State Of Tamilnadu

2024-04-17Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024 CORAM :

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

1.The State of Tamil Nadu Rep. by the Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Magistrate and District Collector, Erode District, Erode.

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

4.The Superintendent of Prison, Central Prison, Coimbatore.

5.The Inspector of Police, Gobichettypalayam Police Station, Gobichettypalayam, Erode 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 from the second respondent in connection with order in Cr.M.P.No.34/Goonda/2023/C1 dated 17.12.2023 and quash the same and produce the petitioner's son namely Mahesh @ Maheshwaran, S/o.Selvaraj, aged about 36 years now confined at Central Prison, Coimbatore under the Tamil Nadu Act 14 of 1982 before this Court and set him at liberty. For Petitioner :

Mr.P.Pugalenthi For Respondents :

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

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner herein is the father of the detenu viz., Mahesh @ Maheshwaran, S/o.Selvaraj, aged about 36 years, confined at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent dated 17.12.2023 slapped on his 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submit that the order of detention passed by the second respondent as against the petitioner, dated 17.12.2023 has been revoked by the Government in G.O.Rt.No.626, Home, Prohibition and Excise (IX) Department, dated 01.02.2024 and he has also produced a copy of the said order.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] 17.04.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Magistrate and District Collector, Erode District, Erode.

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

4.The Superintendent of Prison, Central Prison, Coimbatore.

5.The Inspector of Police, Gobichettypalayam Police Station, Gobichettypalayam, Erode District.

6.The Public Prosecutor, High Court, Madras.

17.04.2024