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Madras High CourtHCP/1097/2022allowed

Arthi v. State Rep By

2023-01-04Honourable Mr Justice P. N. Prakash,Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.01.2023

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Arthi ..Petitioner Vs.

1. The State of Tamil Nadu, Represented by Secretariat to Government, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

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

3. The Superintendent of Police, Thiruvannamalai District, Tiruvannamalai.

4. The Inspector of Police, Thiruvannamalai East Police Station, Thiruvannamalai District.

5. The Superintendent of Prison, Central prison, Vellore ..Respondents Petition filed under Article 226 of the Constitution of India, praying to issue 1/5

a WRIT OF HABEAS CORPUS to call for the records relating to the detention order dated 25.05.2022 passed by the 2nd respondent in the proceedings in D.O.61/2022-C2 T.P.D.A No.8776 and to quash the same consequently direct the respondents herein to produce the petitioners husband namely Dhanasekar Suriya S/o Dinakaran aged 26 years residing at71 Pallavan Nagar Tiruvannamalai District who is presently under going detention in the Central Prison Vellore as "Goonda" under Section 2(f) of 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) before this Court and set him at liberty forthwith. For petitioner M/s.J.Sirajudeen 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 challenges the impugned order of detention in D.O.61/2022-C2 T.P.D.A No.8776 dated 25.05.2022, detaining her husband as "Goonda" under Section 2(f) of Tamil Nadu Act 14 of 1982.

2. The learned Additional Public Prosecutor submitted that the order of detention passed against the detenue has been revoked by the Government by its order in G.O.Rt.No.4262, Home, Prohibition and Excise 2/5

(XIII) department, dated 11.07.2022 and he has also produced a copy of the Government Order.

Recording the same, this Habeas Corpus Petition stands closed. [P.N.P., J.] [N.A.V., J.] 04.01.2023 rka 3/5

To

1. The State of Tamil Nadu, Represented by Secretariat to Government, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

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

3. The Superintendent of Police, Thiruvannamalai District, Tiruvannamalai.

4. The Inspector of Police, Thiruvannamalai East Police Station, Thiruvannamalai District.

5. The Superintendent of Prison, Central prison, Vellore 6 The Public Prosecutor High Court, Madras 4/5

P.N.PRAKASH, J.

AND N.ANAND VENKATESH, J.

rka 04.01.2023 5/5