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Madras High CourtHCP/1641/2018closed

Desamuthu, Aged 47 Years, v. State Of Tamilnadu Rep. By

2018-11-26Honourable Mrs Justice S. Ramathilagam,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.1641 of 2018 Desamuthu

...Petitioner

-Vs1.State of Tamil Nadu Rep. By The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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

...Respondents

PRAYER: 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 in No.536/BCDFGISSSV/2018 dated 16.07.2018 passed by the 2nd respondent and set aside the same and directing the respondents to produce the petitioner's nephew by Pavithran S/o. Parthasarathy aged about 24 years before this Hon'ble Court now confined in Central Prison, Puzhal, Chennai set him at liberty. For Petitioner :

Mr.K.Thenrajan For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor ***

ORDER

[Order of the Court was made by C.T.SELVAM, J.] The petitioner, who is the aunt of the detenu herein, viz., Pavithran, S/o. Parthasarathy, aged 24 years, has come forward with this petition challenging the detention order passed by the second respondent by his order in No.536/BCDFGISSSV/2018, dated https://hcservices.ecourts.gov.in/hcservices/

16.07.2018 against her nephew 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order of detention passed by the second respondent as against the nephew of the petitioner herein dated 16.07.2018 has been revoked by the Government in G.O.Rt.No.4166, Home, Prohibition & Excise [X] Departmen6t dated 28.09.2018 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition is closed as the same has become infructuous.

kkn Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary to the Government, Government of Tamil Nadu, (Home), Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai.

Chennai.

3. The Public Prosecutor, High Court, Madras.

4. The Joint Secretary, Public (Law & Order ) Dept., Secretariat, Chennai.

5. The Superintendent, Central prison, Puzhal, Chennai.

H.C.P.No.1641 of 2018 CP(CO) KAK(20/12/2018) https://hcservices.ecourts.gov.in/hcservices/