Kothandan v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P.No.304 of 2020 Kothandan ... Petitioner Vs 1.The Secretary to the Government, Government of Tamil Nadu, (Home) Prohibition and Excise Dept., Secretariat, Fort St.George, Chennai - 600 009.

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

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the entire records connected with the order of the 2nd respondent herein in B.C.D.F.G.I.S.S.S.V.No.05 of 2020 dated 30.01.2020 against the detenu namely Dhamotharan son of Kothandan aged about 36 years, who is confined at Central Prison, Vellore and set aside the same, consequently, directing the respondents herein to produce the body and person of the detenu before this Court and set him at liberty forthwith. For Petitioner : Mr.K.Balu.

For Respondents: Mr.R.Prathap Kumar, Additional Public Prosecutor.

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O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference". 2.The Petitioner challenges the impugned order of detention in B.C.D.F.G.I.S.S.S.V.No.05 of 2020 dated 30.01.2020 detaining her husband as "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

3.The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O. Rt. No.1443, Home, Prohibition and Excise (XI) Department, dated 16.03.2020 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition is dismissed as infructuous. -s/dAssistant Registrar True Copy Sub-Assistant Registrar ay To 1.The Secretary to the Government, Government of Tamil Nadu, (Home) Prohibition and Excise Dept., Secretariat, Fort St.George, Chennai - 600 009.

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

3.The Public Prosecutor, High Court of Madras, Chennai.

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4.The Joint Secretary to Government Public Law & Order Fort St.George Chennai-09 H.C.P.No.304 of 2020 br(co) aa20/10/2020 3/3