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Madras High CourtHCP/704/2024dismissed as infructuous

Shageetha v. The Home Secretary,

2024-07-04Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Shagetha .. Petitioner/ mother of the detenue

Versus

1. The Home Secretary, Home Department, Secretariat, St. George Fort, Chennai - 600 009.

2. The District Collector and District Magistrate, Kancheepuram District, Kancheepuram.

3. The Superintendent of Central Prison, Puzhal, Chennai - 600 066.

4. The Inspector of Police, Sivakanchi Police Station, Kancheepuram District.

5. The Superintendent of Police, Kancheepuram District.

.. Respondents 1/5

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, calling for the records relating to the detention order R.C.No.30/2024/M6-D.O.11/2024, dated 06.03.2024, passed by the 2nd respondent under the respondent to produce the petitioner's son A.Abdul Majith, S/o.Amith Basha aged about 18 years, the detenue now confined in Central Prison, Puzhal, Chennai - 600 066 before this Court and set aside the petitioner's son A.Abdul Majith, S/o.Amith Basha aged about 18 years the detenue herein at liberty. For Petitioner : Mr.S.Apunu For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner herein is the mother of the detenue viz., A.Abdul Majith, S/o.Amithbasha, now confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent, dated 06.03.2024 slapped on her son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982]. 2/5

2. The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the petitioner's son, dated 06.03.2024 has been revoked by the Government in G.O.Rt.No.2220, Home, Prohibition and Excise (XI) Department, dated 15.04.2024 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as the same has become infructuous. [M.S.R., J] [S.M., J] 04.07.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Home Secretary, Home Department, Secretariat, St. George Fort, Chennai - 600 009.

2. The District Collector and District Magistrate, Kancheepuram District, Kancheepuram.

3/5

3. The Superintendent of Central Prison, Puzhal, Chennai - 600 066.

4. The Inspector of Police, Sivakanchi Police Station, Kancheepuram District.

5. The Superintendent of Police, Kancheepuram District.

6. The Public Prosecutor, High Court of Madras.

4/5

M.S.RAMESH, J.

AND SUNDER MOHAN, J.

grs 04.07.2024 5/5