B.Mallika v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN B.Mallika .. Petitioner/ Mother of detenue

Versus

1. Government of Tamilnadu, Rep by its Principal Secretary, Home Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai Commissioner Office, Vepery, Chennai.

3. The Inspector of Police, D-6 Anna Square Police Station, Chennai.

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

.. 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 entire records culminating in the passing of the order of detention the 1/5

petitioner's son of the detenue under Act 1982 as GOONDAS vide detention order in No.272/BCDFGISSSV/2024, dated 29.03.2024 on the file of the 2nd respondent herein and quash the same as illegal and consequently direct the respondent herein to produce the body and person of the detenue by name Sarath Kumar, male, S/o.Balu, aged about 30 years, before this Court and set him at liberty from the detention now contained at Central Prison, Puzhal.

For Petitioner : Mrs.G.Prasanna 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 detenue viz., Sarathkumar, S/o.Balu, now confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent, dated 29.03.2024 slapped on her son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982]. 2/5

2. The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the petitioner's son, dated 29.03.2024 has been revoked by the Government in G.O.Rt.No.2998, Home, Prohibition and Excise (XIII) Department, dated 17.05.2024 and he has also produced a copy of the said order.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] 22.07.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

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

2. The Commissioner of Police, Greater Chennai Commissioner Office, Vepery, Chennai.

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3. The Inspector of Police, D-6 Anna Square Police Station, Chennai.

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

M.S.RAMESH, J.

AND SUNDER MOHAN, J.

grs

5. The Public Prosecutor, High Court of Madras.

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