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Madras High CourtHCP/1656/2017closed

Kannan, 40 Yrs, v. Additional Chief Secretary To

2017-12-13Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.12.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDHER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1656 of 2017 Kannan ... Petitioner Vs.

1.State of Tamil Nadu Rep by its Additional Chief Secretary to Government Department of Home, Prohibition and Excise Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Ariyalur District, Ariyalur.

3.The Inspector of Police Udayarpalayam Police Station Ariyalur District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for records in Cr.M.P.No.17 of 2017 dated 16.08.2017 on the file of the 2nd respondent and quash the detention order as illegal and direct the respondents to produce the detenu Karnan, Son of Nagamuthu, aged about 34 years detenu now confined at Central Prison, Trichy and set him at liberty.

For Petitioner : Mr.G.Pavendhan For Respondents : Mr.V.M.R.Rajentran, Addl. Public Prosecutor.

O R D E R

(Order of the Court was made by RAJIV SHAKDHER, J)

1. The petitioner is the brother of the detenu, namely, Karnan, S/o.Nagamuthu, male, aged about 34 years. The detenu stands detained by the second respondent by virtue of his order bearing Cr.M.P.No.17 of 2017 dated 16.08.2017, wherein, he has been held to be a "Bootlegger", within the meaning of Section 2 (b) of Tamil Nadu Act 14 of 1982.

1.1. The said order is under challenge in this Habeas Corpus Petition.

2. The learned Additional Public Prosecutor submits that the said order of detention, passed by the second respondent against the father of the petitioner has been revoked by the Government in G.O.Rt.No.4810, Home, Prohibition & Excise (XV) Department dated 03.10.2017; a copy of the order has also been produced.

3. The submission of the learned Additional Public Prosecutor, is taken on record. Accordingly, the petition is closed, as the same has been rendered infructuous. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar vsm To 1.The Additional Chief Secretary to Government Department of Home, Prohibition and Excise Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Ariyalur District, Ariyalur.

3.The Inspector of Police Udayarpalayam Police Station Ariyalur District.

4.The Superintendent, Central Prison, Tiruchirappalli.

5.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.G.PAVENDHAN Advocate, S.R.No. 89627 H.C.P.No.1656 of 2017 TR(03/01/2018)