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Madras High CourtHCP/1917/2017closed

Muthulakshmi, F/A.50 v. The State Of Tamilnadu Rep By

2017-12-21Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER And THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1917 of 2017 Muthulakshmi ... Petitioner -vs1.The State of Tamil Nadu Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Chennai - 600 009.

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

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records relating to the detenue's detention order passed by the 2nd respondent in his order in No.557/2017 dated 11.09.2017 approved by the 1st respondent and set aside the same and produce the detenue Srithar, aged 29 years, Son of Babu, now detained

in Central Prison, Puzhal, Chennai, before this Hon'ble Court and set him at liberty.

For Petitioner :

Mr.C.C.Chellappan For Respondents :

Mr.V.M.R.Rajentran Additional Public Prosecutor

O R D E R

[Order of the Court was made by RAJIV SHAKDHER, J.]

1. The petitioner is the mother of the detenu, namely, Sridhar, S/o.Babu, male, aged about 29 years. The detenu stands detained by the second respondent by virtue of his order bearing No.557/BCDFGISSSV/ 2017 dated 11.09.2017, wherein, he has been held to be a "Goonda", within the meaning of Section 2(f) of the 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submits that the said order of detention, passed by the second respondent against the son of the petitioner has been revoked by the Government in G.O.Rt.No.5174, Home, Prohibition & Excise (X) Department dated 27.10.2017; a copy of the order has also been produced.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.

[R.S.A.,J.] [N.S.K.,J.] 21.12.2017 Speaking Order/ Non Speaking Order Index : Yes / No Internet : Yes / No pri To 1.The Secretary to Government, Home, Prohibition and Excise Department, Chennai - 600 009.

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

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Additional Public Prosecutor, Madras High Court, Madras.

RAJIV SHAKDHER, J.

And N.SATHISH KUMAR, J.

pri H.C.P.No.1917 of 2017 21.12.2017