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Madras High CourtHCP/2640/2014dismissed

Rekha v. The Secretary To Government

2015-03-24Honourable Mrs. Justice Aruna Jagadeesan,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN HCP.No.2640/2014 Rekha Petitioner Vs 1.The Secretary to Government Home, Prohibition & Excise Department Fort St.George Chennai 600 009.

2.The Commissioner of Police Greater Chennai Vepery, Chennai 600 007.

Respondents Habeas Corpus Petition is filed, under Article 226 of the Constitution of India calling for the records in connection with the order of detention passed by the second respondent dated 26.08.2014 in BDFGISSV.NO.1077/2014 against the petitioner's brother, the detenu herein, now confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu Asaithambi, S/o Nataraj, aged about 35 years before this Court and set him at liberty.

For Petitioner :

Mr.T.V.Somasundaram For Respondents :

Mr.C.Emalias, APP

ORDER

The petitioner, who is the sister of the detenu, Asaithambi, Son of Nataraj, aged about 35 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 26.08.2014 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].

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2.The learned Additional Public Prosecutor would submit that the order of detention passed by the 2nd respondent as against the brother of the petitioner dated 26.08.2014 has been revoked by the Government in G.O. [Rt] No.5239, dated 20.10.2014 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as infructuous. gms -s/d- Assistant Registrar(J) Dt:7/4/2015 True Copy Sub-Assistant Registrar To 1.The Secretary to Government, Home, Prohibition & Excise Department Fort St.George,Chennai 600 009.

2. The Commissioner of Police Greater Chennai, Vepery, Chennai 600 007.

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

4.The Joint Secretary to Govt.

Public (Law & Order) Dept.

Fort St.George, Chennai.

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

bvr(co) prk8/4 HCP.No.2640/2014 https://hcservices.ecourts.gov.in/hcservices/