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Madras High CourtHCP/507/2015dismissed

Kasinathan v. Secretary To Government

2015-03-31Honourable Ms. Justice K.B.K. Vasuki,Honourable Mr Justice M. Jaichandren2 pages

In the High Court of Judicature at Madras Dated: 31.3.2015 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MS.JUSTICE K.B.K.VASUKI H.C.P.No.507 of 2015 Kasinathan .. Petitioner vs.

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

2.The Commissioner of Police, Greater Chennai Vepery, Chennai-600 007 ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records relating to the petitioner's father's detention under Act 14 of 1982 vide detention order dated 19.9.2014 on the file of the second respondent herein made in proceedings No.1310/BDFGISSV/2014 and quash the same as illegal and consequently direct the respondents herein to produce the detenu P.Sakthivel, s/o.Pandian aged about 50 years, the petitioner's father before this Court and set him at liberty at once from the detention now confined at Central Prison, Puzhal. For Petitioner .. Mr.A.Anandan For Respondents .. Mr.C.Emalias,Addl.P.P.

O R D E R

The petitioner, who is the son of the detenu, P.Sakthivel, son of Pandian, aged about 50 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 19.9.2014 against his father 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]. https://hcservices.ecourts.gov.in/hcservices/

2.The learned Additional Public Prosecutor would submit that the order of detention passed by the 2nd respondent as against the father of the petitioner dated 19.9.2014 has been revoked by the Government in G.O. [Rt] No.6039, dated 19.11.2014 and he has also produced a copy of the said order.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 IV ) /true copy/ Sub Asst. Registrar vsi/lan To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, fort St.George, Chennai 600 009.

2.The Commissioner of Police, Greater Chennai Vepery, Chennai-600 007

3. The Superintendent Central Prison, Puzhal, Chennai

4. The Joint Secretary to Government Public (Law and order) Fort Saint George, Chennai

5. The Public Prosecutor High Court, Madras H.C.P.No.507 of 2015 SCD (CO) kk 29/4 https://hcservices.ecourts.gov.in/hcservices/