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Madras High CourtHCP/1715/2020closed

T.Martin v. The Commissioner Of Police

2021-04-20Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.NO.1715 OF 2020 T.Martin, S/o.Thomas

...Petitioner/Father of the detenue

versus

1. The Commissioner of Police, The Office of the Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

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

3. The Superintendent, Central Prison, Vellore.

4. The Inspector of Police Law and Order, M-8, Sathangadu Police Station, Chennai.

...Respondents

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the records of the first respondent culminating with the order of detention No.286/BCDFGISSSV/2020 dated 13.08.2020 passed by the first respondent herein detaining petitioner's son Joyal under Section Act XIV of 1982 and quash the same and direct the respondents to produce the body of the person of the detenu, Joyal, son of Martin, male, aged about 27 years before this Court, now detained in the Central Prison, Vellore and thereby set him at liberty.

For Petitioner : Mr.M.Jaikumar For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.PONGIAPPAN, J.] The petitioner challenges the impugned order of detention in No.286/BCDFGISSSV/2020 on 13.08.2020, detaining his son as "Goonda" under Section 2(f) of the Tamil Nadu Act 14 of 1982.

2. The learned Additional Public Prosecutor appearing for the respondents reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.4416, Home, Prohibition and Excise (X) Department, dated 16.10.2020 and he has also produced a copy of the Government Order.

3. Recording the same, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sri To 1.The Commissioner of Police, The Office of the Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

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

3.The Joint Secretary to Government, Public Law and Order, Fort St.George, Chennai - 9.

4.The Superintendent, Central Prison, Vellore.

5.The Inspector of Police Law and Order, M-8, Sathangadu Police Station, Chennai.

6.The Public Prosecutor, High Court, Madras.

H.C.P.No.1715 of 2020 SMI(CO) KKV/15/06/2021