S.Nagarajan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.No.1168 of 2021 S.Nagarajan .. Petitioner/Brother of the detenue Vs.

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

2.The District Collector and District Magistrate, Coimbatore, Coimbatore - 18.

3.The Superintendent of Police, Coimbatore, Coimbatore District.

4.The Superintendent of Prison, Central Prison-Coimbatore, Coimbatore District.

5.State represented by The Inspector of Police, Thudiyalur Police Station, Coimbatore District.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the entire records, relating to the petitioner's brother detention under the Tamil Nadu Act 14 of 1982 vide detention order dated 23.07.2021 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.21/D.O./2021/E1, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's brother viz., Balamurugan @ Soribalan, S/o.Saminathan, aged 32 years, before this Court and set the petitioner's brother at liberty from detention, now the petitioner's brother detained at the Central Prison, Coimbatore.

For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] The petitioner challenges the impugned order of detention in Cr.M.P.No.21/D.O./2021/E1 dated 23.07.2021 detaining his brother as "Drug Offender", as contemplated under Section 2(e) 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The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.4407, Home, Prohibition and Excise (XII) Department, dated 27.09.2021 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar nsd To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The District Collector and District Magistrate, Coimbatore, Coimbatore - 18.

3.The Superintendent of Police, Coimbatore, Coimbatore District.

4.The Superintendent of Prison, Central Prison-Coimbatore, Coimbatore District.

5.The Inspector of Police, Thudiyalur Police Station, Coimbatore District.

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

7.The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.1168 of 2021 SJ(CO) A.SK(17.12.2021)