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Madras High CourtHCP/1092/2023dismissed as infructuous

Kasthuri v. Additional Chief Secretary To Government

2023-10-09Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Kathuri ... Petitioner Vs.

1.The State of Tamil Nadu rep.by its Additional Chief Secretary to Government Home, Prohibition & Excise Department, Secretariat, Chennai 600 009.

2.The Commissioner of Police Greater Chennai, O/o.The Commissioner of Police, [Goondas Section], Vepery Chennai 600 007.

3.The Superintendent of Police Central Prison, Puzhal Chennai.

4.The Inspector of Police S8 Adambakkam Police Station Chennai.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, to call for the records relating to the detention order in BCDFGISSSV No.164/2023 dated 15.05.2023 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Gajapathy @ Gaja, son of Raja, the detenu, now confined in Central Prison, Puzhal, at Chennai before this Court and petitioner's son Gajapathy @ Gaja, son of Raja, aged about 33 years the detenu herein and set him at liberty. For Petitioner : Mr.S.Ambedkar For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, mother of the detenu Gajapathy @ Gaja, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 15.05.2023 slapped on her son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

(2)The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the son of the petitioner herein dated 15.05.2023 has been revoked by the Government in G.O. [Rt] No.3456, Home, Prohibition & Excise [X] Department dated 26.06.2023 and he has also produced a copy of the said order. (3)Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous. [S.S.S.R., J.] [S.M, J.] 09.10.2023 AP Internet : Yes

To 1.The Additional Chief Secretary to Government State of Tamil Nadu Home, Prohibition & Excise Department, Secretariat, Chennai 600 009.

2.The Commissioner of Police Greater Chennai, O/o.The Commissioner of Police, [Goondas Section], Vepery Chennai 600 007.

3.The Superintendent of Police Central Prison, Puzhal Chennai.

4.The Inspector of Police S8 Adambakkam Police Station Chennai.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 09.10.2023