S.P.R.Tamizharasi, F/A 57 Yrs, v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2018

CORAM:

THE HON'BLE MR.JUSTICE M.VENUGOPAL AND THE HON'BLE MRS.JUSTICE M.NIRMAL KUMAR H.C.P.No.637 of 2018 S.P.R.Tamizharasi .... Petitioner vs.

1.State of Tamil Nadu, rep.by the Secretary, Home Prohibition and Excise Department, Fort St.George, Chennai-600009 2.District Collector and District Magistrate, Office of the District Collector and District Magistrate, Nagapattinam District ... 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 in C.O.C.No.22/2018, dated 22.03.2018, passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's son Sathiya @ Sathiyaraj, son of Rajangam, aged about 35 years the detenue, now confined in Central Prison, Cuddalore, before this Court and set the Petitioner's son Sathiya @ Sathiyaraj S/o.Rajangam, aged about 35 years the detenue herein at liberty. For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr.R.Prathap Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.VENUGOPAL,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, dated 22.3.2018, passed in C.O.C.No.22/2018, by the detaining authority, who has been arrayed as the second respondent herein, against the detenu, by name Sathiya @ Sathiyaraj, aged 35 years, son of Rajangam, residing at Railway Station Road, Sirkazhi & Post, Sirkazhi Police Station limit, Sirkazhi Taluk, Nagapattinam District, and quash the same.

2.It is represented by the Learned Additional Public Prosecutor that the detention order in question was revoked by the Government of Tamil Nadu, as per G.O.Rt.No.1856, Home, Prohibition & Excise (VX) Department, dated 11.05.2018, and that the Government had ordered for release of the Detenu, viz., Sathiya @ Sathiyaraj, aged 35 years, son of Rajangam, from detention. A copy of the said order is produced before this Court. On perusal of the said copy of the order, it is evident that the detention order in question was revoked.

3. Considering the aforesaid factual circumstances, the relief sought in the petition has become an infructuous one. In fine, this Habeas Corpus Petition is disposed of accordingly.

(M.V.J.) (M.N.K.J.) 06.06.2018 msk Index:Yes/No Internet:Yes/No To 1.The Secretary, Home Prohibition and Excise Department, Fort St.George, Chennai-600009 2.District Collector and District Magistrate, Office of the District Collector and District Magistrate, Nagapattinam District.

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

4.The Public Prosecutor, High Court, Madras

M.VENUGOPAL,J.

AND M.NIRMAL KUMAR,J.

msk H.C.P.No.637 of 2018 06.06.2018