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Madras High CourtHCP/537/2018closed

Khaja Moideen, Aged 65 Years, v. The State Of Tamil Nadu

2018-07-31Honourable Mrs Justice S. Ramathilagam,Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 31.07.2018

CORAM

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS. JUSTICE S.RAMATHILAGAM H.C.P. NO. 537 OF 2018 Khaja Moideen .. Petitioner - Vs -

1. The State of Tamil Nadu rep. By its Secretary to Govt.

Dept. of Prohibition & Excise (Home) Fort St. George, Chennai 600 009.

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

3. The Superintendent of Prison Central Prison No.2, Puzhal, Chennai 600 006.

.. Respondents Petition filed for the issuance of a writ of habeas corpus calling for the records relating to the impugned order in Memo No.124/BCDFGISSSV/2018 dated 01.03.2018 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the detenu Kani @ Nagoor Kani, S/o Khaja Moideen aged 32 years, now confined at Central Prison, Puzhal, Chennai, before this Hon'ble Court and set him at liberty.

For Petitioner : Mr. P.Pugalenthi For Respondents : Mr. R.Prathap Kumar, APP

ORDER

(DELIVERED BY DR. S.VIMALA, J.) The 2nd respondent, clamped an order of detention on 01.03.2018 on Kani @ Nagoor Kani, S/o Khaja Moideen aged 32 years, as the said authority arrived at the subjective satisfaction that the said detenu is a 'Goonda' and he has to be detained under Section 3 (1) of Tamil Nadu Act 14 of 1982 with a https://hcservices.ecourts.gov.in/hcservices/

view to preventing him from acting prejudicial to the interest of public health and public order.

2. When the matter is taken up today, learned Addl. Public Prosecutor appearing for the respondents submit that the detention order impugned above has been revoked by the Government. A copy of the order of revocation in G.O. Rt. No.1461, Home, Prohibition and Excise (XIII) Department dated 16.04.2018 is produced before this Court.

3. Recording the said revocation, nothing survives for adjudication in this petition and, accordingly, this habeas corpus petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar KST

1. The Secretary to Govt.

Dept. of Prohibition & Excise (Home) Fort St. George, Chennai 600 009.

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

3. The Superintendent of Prison Central Prison No.2, Puzhal, Chennai 600 006.

4. The Public Prosecutor, High Court, Chennai H.C.P.No.537 of 2018 GMR(Co) CS/16/08/18 https://hcservices.ecourts.gov.in/hcservices/