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Madras High CourtHCP/1447/2018closed

Gunasekaran, M/A 30 Years, v. The State Of Tamil Nadu,

2018-10-31Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2018

CORAM

THE HONOURABLE Mr. JUSTICE C.T.SELVAM AND THE HONOURABLE Mr. JUSTICE M.NIRMAL KUMAR H.C.P. No. 1447 of 2018 Gunasekaran ... Petitioner Vs 1.State of Tamil Nadu, Rep. by Secretary to Government, Home, Prohibition & Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police/Detaining Authority, Coimbatore City, Coimbatore. ... Respondents PRAYER:Habeas Corpus Petition under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus or any other appropriate Writ, Order or Direction in the nature of a Writ of Habeas Corpus to call for the entire records relating to my brother K.Gowtham, aged about 24 years detention under Act 14 of 1982 vide Detention Order dated 05.07.2018 on the file of the second respondent herein made in proceedings C.No.69/G/IS/2018 and quash the same as illegal and consequently direct the respondents herein to produce the detenue K.Gowtham, son of Kuppusamy, my brother before this Hon'ble Court and set him at liberty at once from the detention now confined at Central Prison, Coimbatore.

For Petitioner : Mr.M.N.Balakrishnan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

[Order of the Court was made by C.T.SELVAM, J.] The petitioner, who is the brother of the detenu herein, viz., K.Gowtham, son of Kuppusamy, aged 24 years, has come forward with this petition challenging the detention order passed by the second respondent by his order in No.69/G/IS/2018, dated 5.07.2018 against her brother 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].

2. The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the brother of the petitioner herein dated 05.07.2018 has been revoked by the Government in G.O.Rt.No.4090, Home, Prohibition & Excise [X] Department dated 28.09.2018 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition is closed as the same has become infructuous.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar vsi2 To

1. The Secretary to Government, Home, Prohibition & Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police/Detaining Authority, Coimbatore City, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

4.The Joint Secretary to Government, Public (Law & Order), Fort St.George, Chennai-9.

5. The Superintendent of Central Prison, Coimbatore (In Duplicate) H.C.P. No. 1447 of 2018 CSL/27.11.2018