Palaniyammal v. The Secretary To The Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024 CORAM :

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

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

2.The Commissioner of Police, Salem City.

3.The Superintendent of Prison, Central Prison, Salem-7 4.The Inspector of Police, Sooramangalam Police Station, Salem City.

... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the records in connection with the order of detention passed by the second respondent dated 08.04.2024 in C.M.P.No.29/Goonda/Salem City/2024

against the petitioner's son Palani Bharathi, Male, aged 27 years, S/o.Balaji, who is confined at Central Prison, Salem and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty.

For Petitioner :

Mr.D.Balaji 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 detenu viz., Palani Bharathi, Male, aged 27 years, S/o.Balaji, confined at Central Prison, Salem, has come forward with this petition challenging the detention order passed by the second respondent dated 08.04.2024 slapped on her son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982].

2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the petitioner's husband, dated 08.04.2024 has been revoked by the Government in G.O.Rt.No.3258, Home, Prohibition and Excise (XIV) Department, dated 27.05.2024 and he has also produced a copy of the said order.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] 26.07.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Salem City.

3.The Superintendent of Prison, Central Prison, Salem-7 4.The Inspector of Police, Sooramangalam Police Station, Salem City.

5.The Joint Secretary, Law and Order Department, Secretariat, Chennai.

6.The Public Prosecutor, High Court, Madras.

26.07.2024