B.Vembu v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.01.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Ms.JUSTICE R.N.MANJULA H.C.P.No.1472 of 2021 B.Vembu ... Petitioner/Mother of the detenue Vs.

1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Salem City, O/o. Commissioner of Police, Linemedu, Salem - 636 006.

3.The Superintendent of Prison, Central Prison - Salem, 4.State rep. by its The Inspector of Police, Pallapatty Police Station, ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records, relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 08.09.2021 on the file of the second respondent herein made in proceedings Memo C.M.P.No.74/I.T.O/Salem City/2021, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely Gnanavel, S/o.Balakrishnan, aged 37 years before this Hon'ble Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison, Salem.

For petitioner : Mr.W.Camyles Gandhi For respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] The petitioner challenges the impugned order of detention in C.M.P.No.74/I.T.O/Salem City/2021, dated 08.09.2021, detaining her son as "IMMORAL TRAFFIC OFFENDER" under Section 2(g) of Tamil Nadu Act 14 of 1982.

2. The learned Additional Public Prosecutor submitted that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.5757, Home, Prohibition and Excise (XIV) Department, dated 26.11.2021 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar nsd To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Salem City, O/o. Commissioner of Police, Linemedu, Salem - 636 006.

3.The Superintendent of Prison, Central Prison - Salem,

4.State rep. by its The Inspector of Police, Pallapatty Police Station, 5.The Joint Secretary to Government Public, Law and Order Department Secretariat, Chennai-9.

6.The Public Prosecutor High Court, Madras.

H.C.P.No.1472 of 2021 GPL(CO) GMY(03/02/2022)