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Madras High CourtHCP/1219/2022closed

P.Ponni v. State Of Tamil Nadu

2023-01-09Honourable Mr Justice P. N. Prakash,Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09..01..2023 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice N.ANAND VENKATESH Habeas Corpus Petition No.1219 of 2022 P.Ponni ..... Petitioner -Versus1.The State of Tamil Nadu rep. By its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600009.

2.The Commissioner of Police, Salem City, Salem District.

3.The Superintendent, Central Prison, Salem - 636 007.

4.The Inspector of Police, Kondalamatty Police Station, Salem District.

.... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the entire records leading to the detention of petitioner's husband, the detenu Thiru.Prabu @ Mottaiyan, age 32, son of

Mani, S.M.C. Colony, Near Mariamman Koil Kitchipalayam, Salem City, presently detained in Central Prison, Salem, under Act 14/1982, branded as GOONDA vide the detention order dated 18.05.2022 in C.M.P.No.43/Goonda/Salem City/2022, on the file of the second respondent herein, directing to produce the person or body of the detenu Thiru.Prabu @ Mottaiyan, age 32, son of Mani before this Court and thereafter set him at liberty from the Central Prison, Salem by setting aside the above order. For Petitioner : Mr.B.Vasudevan For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH.J.,] The petitioner challenges the impugned order of detention in C.M.P.No.43/Goonda/Salem City/2022 dated 18.05.2022, detaining her husband as "Goonda", as contemplated under Section 2(f) 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The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by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.3907, Home, Prohibition and Excise (XIV) Department, dated 28.06.2022 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.) 09..01..2023 Index: Yes/No kmk To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600009.

2.The Commissioner of Police, Salem City, Salem District.

3.The Superintendent, Central Prison, Salem - 636 007.

4.The Inspector of Police, Kondalamatty Police Station, Salem District.

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

P.N.PRAKASH.J., AND N.ANAND VENKATESH.J., kmk 09..01..2023