Kanmani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.NO.593 OF 2021 Kanmani W/o.Ramalingam ... Petitioner/Mother of Detenue .Vs.

1. State represented by its The Secretary to Government of Tamil Nadu, Prohibition & Excise Department (Home), Secretariat, Fort St.George, Chennai - 600 009.

2. The Commissioner of Police, Commissioner Office - Greater Chennai, Vepery, Chennai - 7.

3. The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District.

4. The Inspector of Police, B-1 North Beach Police Station, Chennai.

... Respondents PRAYER:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus calling for the entire records relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 23.02.2021 on the file of second respondent herein and made in proceedings in Memo No.57/BCDFGISSSV/2021 and quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's son, namely, Balaji @ Kakkathoppu Balaji S/o.Ramalingam, aged about 41 years, before this Court and set the petitioner's son at liberty from detention, now the

petitioner's son is detained at Central Prison, Cuddalore. For Petitioner : Mr.P.Prince Premkumar For Respondents : Mr.R.Muniyapparaj Government Advocate [Crl.side]

O R D E R

[Order of the Court was made by R.N.MANJULA, J] The petitioner is the mother of the detenu viz., Balaji @ Kakkathoppu Balaji S/o.Ramalingam, aged about 41 years. The detenu has been detained by the second respondent by his order in Memo No.57/BCDFGISSSV/2021 dated 23.02.2021, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. Learned Government Advocate [Crl.side] would submit that the detention order passed against the detenu in Memo No.57/BCDFGISSSV/2021 dated 23.02.2021, on the file of the second respondent is revoked vide G.O.Rt.No.1699, Home, Prohibition and Excise (X) Department, dated 15.04.2021 and produced a copy of the said order.

In view of the above, this petition is closed as it has become infructuous.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gm To 1.

The Secretary to Government of Tamil Nadu, Prohibition & Excise Department (Home), Secretariat, Fort St.George, Chennai - 600 009.

2.

The Commissioner of Police, Commissioner Office - Greater Chennai, Vepery, Chennai - 7.

3.

The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District.

4.

The Inspector of Police, B-1 North Beach Police Station, Chennai.

5.

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

6.

The Public Prosecutor, High Court, Madras.

H.C.P.NO.593 OF 2021 NR(CO) PBS/17/09/2021