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Madras High CourtHCP/336/2017dismissed as infructuous

Mahalakshmi, Aged 65 Years, v. The State Of Tamil Nadu

2017-07-12Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.07.2017

CORAM

THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN H.C.P.No.336 of 2017 Mahalakshmi .. Petitioner Vs 1.The State of Tamil Nadu Rep. By its Secretary to Government Home, Prohibition and Excise Department Fort St. George Chennai - 600 009 2.The Commissioner of Police Chennai City Police Commissioner Office, Frippery Chennai - 600 007 .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records relating to the impugned order No.44/BCDFGISSSV/2017 dated 02.02.2017 on the file of the second respondent herein and set aside the same as illegal and direct the respondents to produce the detenu Ganesamoorthi @ Betta Ganesh, Son of Jayaraman, aged about 22 years, now confined at Central Prison, Puzhal,Chennai before this Court and set him at liberty.

For Petitioner : Mr.Ilayaraja Kandasamy For Respondents : Mr..V.M.R.Rajentren Additional Public Prosecutor

O R D E R

[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 the detention order passed in BCDFGISSSV No.44/2017 dated 02.02.2017, against the detenu by name, Ganesamoorthi @ Betta Ganesh, residing at No.1/60, 1st Street, Telephone Nagar, Perungudi, Chenani - 600 096 and quash the same.

2. The learned Additional Public Prosecutor has submitted to the effect that the Detention Order in question has already been revoked by virtue of G.O.Rt.No.1244 dated 13.03.2017 and a copy of the same has been submitted, wherein it is clearly stated that the Detention Order in question has been revoked.

3. Considering the above said factual circumstances, the relief sought for in the present petition has become infructuous.

4. In fine, this petition is dismissed.

[A.S., J.] [P.K., J.] 12.07.2017 gpa To 1.The Secretary to Government Home, Prohibition and Excise Department Fort St. George Chennai - 600 009 2.The Commissioner of Police Chennai Police Vepery Chennai 3.The Public Prosecutor, High Court, Madras.

A.SELVAM, J.

and P.KALAIYARASAN, J.

gpa H.C.P.No.336 of 2017 12.07.2017