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Madras High CourtHCP/559/2017dismissed as infructuous

M. Nathiay, 28 Yrs, v. State Of Tamil Nadu,

2017-07-18Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.07.2017

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.559 of 2017 M.Nathiya .... Petitioner vs.

1. State of Tamil Nadu, rep.by its Secretary, Home Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2. The District Collector and District Magistrate of Vellore District, Vellore-9 ... 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 detention order made in C3.D.O.No.28/2017, dated 15.03.2017, passed by the second respondent and quash the same and direct the respondents to produce the detenue Manikandan, S/o.Narayana Pillai, now confined in Central Prison, Vellore, before this Court and set him at liberty.

For Petitioner : Mr.G.Jermiah 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 C3.D.O.No.28/2017, dated 15.03.2017, by the detaining authority, who has been arrayed as the second respondent herein, against the detenu, by name Manikandan, aged 38 years, son of Narayana Pillai, Reddy Thoppu Street, Senthamangalam, Chittoor Village, Arakkonam Taluk, Vellore 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 The learned Additional Public Prosecutor has represented that the detention order in question has already been revoked by the Government of Tamil Nadu, by virtue of G.O.Rt.No.2114, dated 02.05.2017, and a copy of the same has been submitted for perusal, wherein it is clearly stated that the detention order in question has been revoked. https://hcservices.ecourts.gov.in/hcservices/

3. Considering the aforesaid factual circumstances, the relief sought in the petition has become infructuous. In fine, this habeas corpus petition is dismissed. s/d- Deputy Registrar True Copy Sub-Assistant Registrar msk To

1. The Secretary, Home Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2. The District Collector and District Magistrate of Vellore District, Vellore-9

3. The Superintendent of Prison, Central Prison, Vellore.

4. The Joint Secretary to Government Public(Law and order) Fort. St. George Chennai 9.

5. The Public Prosecutor, High Court, Madras H.C.P.No. 559 of 2017 GMI(CO) sp(08/08/2017) https://hcservices.ecourts.gov.in/hcservices/