Palaniyammal v. The Secretarty 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.858 of 2021 Palaniyammal W/o.(Late) Chinna Kannan @ Mayilsamy .. Petitioner Vs.

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

2. The Commissioner of Police/Detaining Authority, Tiruppur City,

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

4. State represented by its The Inspector of Police, Velampalayam Police Station, .. 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 19.05.2021 on the file of the second respondent herein made in proceedings Memo C.No.22/G/IS/Tiruppur City/2021, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's son, namely, Nagaraj @ Sundal Nagaraj s/o.(late) Chinna Kannan @ Mayilsamy, aged 41 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

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] The petitioner is the mother of the detenu viz., Nagaraj @ Sundal Nagaraj s/o.(late) Chinna Kannan @ Mayilsamy, aged 41 years. The detenu has been detained by the second respondent by his order in C.No.22/G/IS/Tiruppur City/2021 dated 19.05.2021, 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 C.No.22/G/IS/Tiruppur City/2021 dated 19.05.2021, on the file of the second respondent is revoked vide G.O.Rt.No.3308, 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 III) //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 Commissioner of Police/Detaining Authority, Tiruppur City,

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

4. The Inspector of Police, Velampalayam Police Station,

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

6. The Public Prosecutor, High Court, Madras.

H.C.P.No.858 of 2021 KV (CO) K.RK. (01.11.2021)