Shanthi v. State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1024 of 2016 Shanthi ... Petitioner Vs

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

2. The Commissioner of Police/ Detaining Authority, Coimbatore City.

... Respondents Prayer: 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 23.4.2016, on the file of the second respondent herein, made in proceedings C.No.16/G/IS/2016 and quash the same as illegal and consequently direct the respondents herein to produce the said petitioner's son, namely Vigneshwaran @ Vicky, son of Jeyakumar, aged about 25 years, before this Court and set him at liberty from detention, now detained at the Central Prison, Coimbatore.

For Petitioner : Mr.C.C.Chellappan For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.JAICHANDREN,J.) This Habeas Corpus Petition has been filed, by the mother of the detenu, namely, J.Vigneshwaran @ Vicky, son of Jeyakumar, aged about 25 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in C.No.16/G/IS/2016, dated 23.4.2016, passed by the second Respondent, detaining the detenu, under Section 3(1) of the https://hcservices.ecourts.gov.in/hcservices/

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), branding him as a "Goonda", in the Central Prison, Coimbatore, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.

2.

At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents would submit that the order of detention passed by the second respondent, against the son of the petitioner, dated 23.04.2016, has been revoked by the Government, in G.O. Rt. No.2867, Home, Prohibition and Excise (XII) Department, dated 30.6.2016 and he has also produced a copy of the said order.

3.

Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as infructuous. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vvk To

1. The Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2. The Commissioner of Police/ Detaining Authority, Coimbatore City.

3. The Superintendent, Central Prison, Coimbatore.

4. The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No.1024 of 2016 SSI(CO) CA(09/12/2016) https://hcservices.ecourts.gov.in/hcservices/