Chandra v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.1854 of 2020 Chandra, W/o.Mohan

...Petitioner /

Mother of the detenu versus 1.The State of Tamilnadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

3.The Superintendent of Prison, Central Prison-II, Puzhal, Chennai - 600 066.

4.The Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai - 600 004.

...

Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the entire records leading to the detention of the petitioner's son Sivakumar, son of Mohan, Male aged about 42 years is presently lodged in Central Prison, Puzhal-II, Puzhal at Chennai and has been detained under Act 14/82 as a "Goonda" vide detention order dated 17.09.2020 on the file of the second respondent herein, made in Memo No.376/BCDFGISSSV/2020 and quash the same and consequently, direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Puzhal-II, Puzhal at Chennai.

For Petitioner : Mr.R.Sasikumar for Mr.M.Rajavelu 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 Memo No.376/BCDFGISSSV/2020 on 17.09.2020, detaining her 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Public Prosecutor appearing for the respondents reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.4794, Home, Prohibition and Excise (XIII) Department, dated 06.11.2020 and he has also produced a copy of the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-IX) //True Copy// Sub Assistant Registrar sri To 1.The Secretary to Government, State of Tamilnadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

3.The Superintendent of Prison, Central Prison-II, Puzhal, Chennai - 600 066.

4.The Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai - 600 004.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.1854 of 2020 PPA(CO) CB(05/07/2021)