M.Gowri v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR H.C.P.NO.1126 OF 2020 M.GOWRI ... Petitioner -vs1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Commissioner of Police/Detaining Authority, City Police Office, Huzur Road, Coimbatore City, Coimbatore - 18.

3. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.

4. State rep. by its The Inspector of Police, C4 RATHINAPURI Police Station, Coimbatore District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India to issue a writ of habeas corpus to call for the entire records, relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 26.06.2020 on the file of the second respondent herein made in proceedings Memo C.No.43/G/IS/2020, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely M.Surya @ Soori, S/o.Moorthy, aged 20 years before this Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison, Coimbatore.

For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.R.Prathap Kumar, Addl. Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner challenges the impugned order of detention in Memo C.No.43/G/IS/2020, dated 26.06.2020, detaining her son as "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

2. The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.3342 Home, Prohibition and Excise (XII) Department, dated 10.08.2020 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mmi/ssm To

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

2. The Commissioner of Police/Detaining Authority, City Police Office, Huzur Road, Coimbatore City, Coimbatore - 18.

3. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.

4. State rep. by its The Inspector of Police, C4 Rathinapuri Police Station, Coimbatore District.

5. The Joint Secretary, Public Law & Order Department, Secretariat, Chennai.

6. The Public Prosecutor, High Court, Madras. H.C.P.No.1126 of 2020 SSI(CO) CS/21/01/2021 https://hcservices.ecourts.gov.in/hcservices/