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Madras High CourtHCP/1987/2020closed

Sathiyaraj v. State Of Tamil Nadu

2021-04-28Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.1987 of 2020 Sathiyaraj .. Petitioner/Son of Detenu Vs.

1.State of Tamil Nadu represented by The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.

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

4.The Inspector of Police, Polur Police Station, Tiruvannamalai District.

5.The Superintendent, Special Prison for Women, Vellore.

... 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 mother's detention under Tamil Nadu Act 14 of 1982 vide detention order dated 29.09.2020 on the file of the second respondent herein made in proceedings in D.O.No.106/2020-C2, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's mother viz., Shanthi, wife of Elumalai, aged about 40 years, before this Court, and set her at liberty from detention, who is presently detained at the Special Prison for Women, Vellore.

For Petitioner : Mr.C.C.Chellappan For Respondents : Mr.R.Prathap Kumar, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] The petitioner challenges the impugned order of detention in D.O.No.106/2020-C2 dated 29.09.2020, detaining her brother as "Bootlegger" under Section 2(b) of the Tamil Nadu Act 14 of 1982.

The learned Additional Public Prosecutor reports that the order of detention passed against the detenue has been revoked by the Government by its order in G.O.Rt.No.4979, Home, Prohibition and Excise (XI) Department, dated 17.11.2020 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nsd To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.

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

4.The Inspector of Police, Polur Police Station, Tiruvannamalai District.

5.The Superintendent, Special Prison for Women, Vellore.

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

7.The Public Prosecutor, High Court, Madras.

H.C.P.No.1987 of 2020 PM(CO) baf 28/04/2021