Nirmala v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.564 of 2020 and Crl.M.P.No.3649 of 2020 Nirmala ..

Petitioner Vs.

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

2.The Commissioner of Police, Greater Chennai Police, Office of the Commissioner of Police, (GOONDA Section), Vepery, Chennai - 600 007.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records pertaining to the order of detention passed by the second respondent in Order No.60/BCDFGISSSV/2020 dated 31.01.2020 set aside the same and direct to produce the detenu Sagayam @ Devasagayam, son of Johnson, aged about 33 years, and presently detained in Sub Jail, Poonamallee, Chennai, before this Court and set him at liberty forthwith.

For Petitioner : Mr.V.Sudalaiselvan For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] The petitioner is the mother of Sagayam @ Devasagayam, son of Johnson, aged about 33 years, who is the detenu. The detenu has been detained by the second respondent by his order in Memo No.60/BCDFGISSSV/2020 dated 31.01.2020, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act https://hcservices.ecourts.gov.in/hcservices/

14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2.

During the pendency of this habeas corpus petition, Crl.M.P.No.3649 of 2020 was filed on 12.03.2020 praying for a direction to the prison authorities to provide medical treatment to the said detenu.

3.

While so, the learned Government Advocate (Crl.Side) submitted that the detention order dated 31.01.2020 was revoked by the Government on 16.03.2020 and that apart, the detention period itself is over and therefore, both these petitions have become infructuous.

Recording the same, this habeas corpus petition is dismissed for having become infructuous. Connected Crl.M.P. is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar nsd To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai Police, Office of the Commissioner of Police, (GOONDA Section), Vepery, Chennai - 600 007.

3.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

4.The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.564 of 2020 UM(CO) B.VC(28.07.2021) https://hcservices.ecourts.gov.in/hcservices/