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Madras High CourtHCP/2376/2017closed

Masthan Bee, F/A.59 Years v. The State Of Tamil Nadu

2018-03-06Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2376/2017 Masthan ..

Petitioner vs.

1.The Secretary to Government State of Tamil Nadu Department of Prohibition & Excise [Home] Fort St George, Chennai 600 009.

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

3.The Inspector of Police J1 Saidapet Police Station Chennai.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records relating to the impugned order in No.734/BCDFGISSSV/2017 dated 18.11.2017 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the detenu John Basha, son of Masthan, aged about 27 years, now confined at Central Prison, Puzhal, Chennai before this Court and set him at liberty.

For Petitioner ..

Mr.Ilayaraja Kandasamy For Respondents ..

Mr.R.Prathap Kumar, APP

ORDER

(Order of the Court was made by C.T.SELVAM, J.) Petitioner, father of the detenu herein, viz., John Basha, aged 27 years, http://www.judis.nic.in has come forward with this petition challenging the detention order passed

C.T.SELVAM, J., AND N.SATHISH KUMAR, J., AP by the second respondent dated 18.11.2017 against his 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order of detention passed by the second respondent as against the son of the petitioner herein dated 18.11.2017, has been revoked by the Government in G.O.Rt.No.119, Home, Prohibition & Excise [X] Department dated 12.01.2018 and he has also produced a copy of the said order. 3.Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous. [C.T.S, J.] [N.S.K., J.] 06.03.2018 AP To 1.The Secretary to Government State of Tamil Nadu Department of Prohibition & Excise [Home] Fort St George, Chennai 600 009.

2.The Commissioner of Police Chennai City Police, Greater Chennai Commissioner Office, Vepery, Chennai 600 007. 3.The Inspector of Police J1 Saidapet Police Station, Chennai.

4.The Public Prosecutor, Madras High Court, Madras. 5.The Superintendent, Central Prison, Puzhal, Chennai. H.C.P.No.2376/2017 http://www.judis.nic.in