Ashok v. The Secretary To The Government

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 Ashok (now confined at Central Prison, Vellore) ... Petitioner/detenue Vs.

1.The Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennnai-600 009.

2.The District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai.

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

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

5.The Inspector of Police, Kilpennathur Police Station, Tiruvannamalai 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 connection with the order of detention passed by the second respondent dated 18.12.2023 in D.O.No.108/2023-C2, petitioner/detenue, Ashok, Male, aged 27 years, S/o.Balu, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty. For Petitioner :

Mr.D.Balaji 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 detenu viz., Ashok, Male, aged 27 years, S/o.Balu, who is confined at Central Prison, Vellore, has come forward with this petition challenging the detention order passed by the second

respondent dated 18.12.2023 slapped on him, 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submit that the order of detention passed by the second respondent as against the petitioner, dated 18.12.2023 has been revoked by the Government in G.O.Rt.No.562, Home, Prohibition and Excise (XI) Department, dated 31.01.2024 and he has also produced a copy of the said order.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 Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennnai-600 009.

2.The District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai.

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

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

5.The Inspector of Police, Kilpennathur Police Station, Tiruvannamalai District.

6.The Public Prosecutor, High Court, Madras.

17.04.2024