Santha v. The Secretary To Government

In the High Court of Judicature at Madras Dated: 26.03.2015 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MS.JUSTICE K.B.K.VASUKI H.C.P.No.2639 of 2014 Santha .. Petitioner vs.

1.Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai 600 009.

2.The Commissioner of Police, Chennai Police, Chennai.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, to call for the records in connection with the order of detention passed by the 2nd respondent dated 11.9.2014 in No.1213/BDFGISSV/2014 against the son of the petitioner, detenu, Kishan @ Krishnakanth S/o.Sivakumar, male aged about 24 years, who is confined at Central Prison, Puzhal, Chennai and to set aside the same and consequently, direct the respondents to produce the detenu before this court and set him at liberty.

For Petitioner .. Mr.K.S.Kaviarasu For Respondents .. Mr.C.Emalias, Addl.P.P.

O R D E R

The petitioner, who is the mother of the detenu, Kishan @ Krishnakanth S/o.Sivakumar, aged about 24 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 11.09.2014 against her son 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that the order of detention passed by the 2nd respondent as against the son of the petitioner dated 11.09.2014 has been revoked by the Government in G.O. [Rt] No.5450, dated 27.10.2014 and he has also produced a copy of the said order.

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3. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as infructuous. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rk To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai 600 009. 2.The Commissioner of Police, Chennai Police, Chennai. 3.The Superintendent, Central Prison, Puzhal, Chennai 4.The Joint Secretary to Government, Public(Law & Order) Fort St.George, Chennai - 600 009.

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

H.C.P.No.2639 of 2014 cnr(co) pmk.15.4.2015 https://hcservices.ecourts.gov.in/hcservices/