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Madras High CourtHCP/844/2022closed

Susila v. Secretary To Government

2022-11-18Honourable Mr Justice P. N. Prakash,Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Susila .. Petitioner Vs 1.State of Tamil Nadu represented by The Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, 132, EVK Sampath Road, Vepery, Periyamet, Chennai.

3.The Inspector of Police, V-1, Villivakkam Police Station, Chennai District.

4.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records relating to the detention order dated 13.04.2022 passed by the second respondent in

the proceedings in Memo No.70/BCDFGISSSV/2022 and quash the same and direct the respondents herein to produce the petitioner's son viz. Dineshkumar @ Dinesh, S/o.Kalaiyarasan, aged about 27 years, residing at Mettu Street, Kovilpadhagai, Avadi, Chennai, who is presently undergoing detention in the Central Prison, Puzhal, Chennai, as Goonda under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers, Sexual Offenders and Video Pirates Act, 1982 (Act 14 of 1982) before this Court and set him at liberty forthwith.

For Petitioner : Mr.M.Selvam For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

ORDER

(Made by P.N.PRAKASH, J.) The petitioner challenges the impugned order of detention in No.70/BCDFGISSSV/2022 dated 13.04.2022 detaining her son as "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.3010, Home, Prohibition and Excise (XIII) Department, dated 23.05.2022 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed.

(P.N.P., J.) (TKRJ) 18.11.2022 Index: Yes/No nsd To The Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, 132, EVK Sampath Road, Vepery, Periyamet, Chennai.

3.The Inspector of Police, V-1, Villivakkam Police Station, Chennai District.

4.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9. 7.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

nsd 18.11.2022