Nagarajan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2023

CORAM

THE HONOURABLE MR . JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.1174 of 2023 Nagarajan ..Petitioner Vs.

1.The Secretary to the Government, Home, Prohibition and Excise IX Department, Secretariat, Fort St. George, Chennai - 9.

2.The Commissioner of Police / Detaining Authority, Tiruppur City, Tiruppur District.

3.The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.

4.State Rep. By its The Inspector of Police, Tiruppur South Police Station, Tiruppur City, Tiruppur District.

..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to call for the entire records relating to the petitioner's brother's detention under Tamil Nadu Act 14 of 1982 vide detention order dated 12.06.2023 on the file of the second respondent herein made in proceedings Memo C.No.23/G/IS/Tiruppur City/2023, quash the same as illegal and

consequently direct the respondents herein to produce the petitioner's brother namely Pandidurai, S/o.Appudurai, aged 31 years, before this Court and set the petitioner's brother at liberty from detention, now the petitioner's brother detained at Central Prison, Coimbatore.

For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

ORDER

[Order of the Court was made by S.S.SUNDAR, J.] The petitioner challenges the impugned order of detention in C.No.23/G/IS/Tiruppur City/2023 dated 12.06.2023 detaining his brother as "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

2. Learned Additional Public Prosecutor for the respondents submits that the order of detention has been revoked by the Advisory Board vide G.O.Rt.No.4049, Home, Prohibition and Excise (XII) Department dated 26.07.2023.

3. Recording the above submission made by the learned Additional Public Prosecutor, this habeas corpus petition is dismissed as having become infructuous.

[S.S.S.R., J.] [S.M, J.] 17.11.2023 Index:Yes/No mmi To 1.The Secretary to the Government, Home, Prohibition and Excise IX Department, Secretariat, Fort St. George, Chennai - 9.

2.The Commissioner of Police / Detaining Authority, Tiruppur City, Tiruppur District.

3.The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.

4.The Inspector of Police, Tiruppur South Police Station, Tiruppur City, Tiruppur District.

5.The Public Prosecutor High Court, Madras.

S.S.SUNDAR, J., AND SUNDER MOHAN, J., mmi H.C.P.No.1174 of 2023 17.11.2023