Devakirubai v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2023 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH H.C.P.No.1178 of 2022 Devakirubai W/o.Immanuel .. Petitioner Vs.

1.The Secretary to Government, Government of Tamilnadu (Home) Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Tambaram City, Office of the Commissioner of Police, Sholinganallur, Chennai - 600 119.

3.The Inspector of Police, S-14, Peerkankaranai Police Station, Chennai.

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

.. Respondents 1/4

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the entire records connected with the order of the 2nd respondent herein in BCDFGISSSV No.86/2022, dated 19.05.2022 passed against the petitioner's son the detenu namely Davidraj @ David, S/o.Immanuel, aged about 22 years, who is confined at Central Prison, Puzhal and set aside the same, consequently, directing the respondents herein to produce the body and person of the detenu before this Court and set him at liberty forthwith. For Petitioner :

Mr.D.Magesh For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

ORDER

[Made by Made by P.N.PRAKASH, J.] The petitioner is the mother of the detenu viz., Davidraj @ David S/o.Immanuel, aged 22 years. The detenu has been detained by the second respondent by his order in BCDFGISSSV No.86/2022, dated 19.05.2022, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition. 2/4

2. Learned Additional Public Prosecutor would submit that the detention order passed against the detenu in BCDFGISSSV No.86/2022, dated 19.05.2022, on the file of the second respondent is revoked vide G.O.Rt.No.4287, Home, Prohibition and Excise (X) Department, dated 11.07.2022 and produced a copy of the said order. In view of the above, this petition is closed as it has become infructuous. [P.N.P., J] [N.A.V., J] 02.01.2023 Index: Yes/No gm/ssr To 1.The Secretary to Government, Government of Tamilnadu (Home) Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Tambaram City, Office of the Commissioner of Police, Sholinganallur, Chennai - 600 119.

3/4

P.N.PRAKASH, J and N.ANAND VENKATESH, J ssr 3.The Inspector of Police, S-14, Peerkankaranai Police Station, Chennai.

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

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

6.The Public Prosecutor, High Court, Madras.

H.C.P.No.1178 of 2022 02.01.2023 4/4