Bhuvaneswari v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MS. JUSTICE R.N.MANJULA H.C.P.No.855 of 2021 Bhuvaneswari W/o.Cruz Arokkia Selvaraj .. Petitioner / Mother of Detenue Vs.

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

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

3.The Superintendent of Police, Tiruppur District, Tiruppur.

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

5.State represented by its The Inspector of Police, Avinashi Police Station, Tiruppur District.

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus calling for the entire records relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order

dated 17.05.2021 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.17/Goonda/2021, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's son, namely, Joal Sidharth s/o.Cruz Arokkia Selvaraj, aged 22 years, before this Court, who is now detained at Central Prison, Coimbatore and set him at liberty. For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J] The petitioner is the mother of the detenu viz., Joal Sidharth s/o.Cruz Arokkia Selvaraj, aged 22 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.17/Goonda/2021 dated 17.05.2021, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. Learned Additional Public Prosecutor would submit that the detention order passed against the detenu in Cr.M.P.No.17/Goonda/2021 dated 17.05.2021, on the file of the second respondent is revoked vide G.O.Rt.No.3311, Home, Prohibition and Excise (XII) Department, dated 26.07.2021 and produced a copy of the said order.

In view of the above, this petition is closed as it has become infructuous.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar gm

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

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

3.The Superintendent of Police, Tiruppur District, Tiruppur.

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

5.The Inspector of Police, Avinashi Police Station, Tiruppur District.

6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

7.The Public Prosecutor, High Court, Madras.

H.C.P.No.855 of 2021 BS(CO) SB(01/11/2021)