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Madras High CourtHCP/299/2017dismissed

V.Semparuthi v. The Secretary To The

2017-08-09Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2017

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.299 of 2017 V.Semparuthi ... Petitioner vs.

1. The Secretary to the Government, Government of Tamil Nadu, (Home) Prohibition and Excise Dept., Fort St.George, Chennai-600 009

2. The District Magistrate and District Collector, Salem District, Salem ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to call for the entire records connected with the order of the 2nd respondent herein in C.M.P.No.7/GOONDA/C2/2017, dated 30.01.2017, against the detenu namely Kaluthaipuli @ Viswanathan, son of Subramani, aged about 30 years, who is confined at Central Prison, Salem and set aside the same, consequently direct the respondents herein to produce the body and person of the detenu before this Court and set him at liberty forthwith.

For Petitioner : Mr.K.Balu For Respondents :Mr.V.M.R.Rajentren,Addl.P.P.

ORDER

(Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to call for the records relating to detention order, passed in C.M.P.No.7/Goonda/C2/2017, dated 30.01.2017, by the detaining authority, who has been arrayed as the second respondent herein, against the detenu, by name Kaluthaipuli @ Viswanathan, son of Subramani, residing at the backside of Pappapatty Petrol Bunk, Edanganasalai Village, Sankari Taluk, Salem District and quash the same.

2. The learned Additional Public Prosecutor has represented that the detention order in question has already been revoked by the Government of Tamil Nadu, by virtue of G.O.Rt.No.1234, dated 13.03.2017, and a copy of the same has been submitted, wherein it is clearly stated that the detention order in question has already been revoked.

3. Considering the aforesaid factual circumstances, the relief sought in the petition has become infructuous. In fine, this habeas corpus petition is dismissed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar msk To

1. The Secretary to the Government, Government of Tamil Nadu, (Home) Prohibition and Excise Dept., Fort St.George, Chennai-600 009

2.The District Magistrate and District Collector, Salem District, Salem 3.The Superintendent, Central Prison, Salem 4.The Public Prosecutor, High Court, Madras.

H.C.P.No.299 of 2017 SVI(CO) CU(29/08/2017)