Logeshwari, v. State Rep. By The Secreary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1031 of 2016 Logeshwari .. Petitioner/Wife of the detenue Vs 1.The State rep by the Secretary to the Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2.The Commissioner of Police, Greater Chennai City, Vepery, Chennai-600 007.
3.The Inspector of Police, K-8, Arumbakkam Police Station, Chennai.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records in Memo No.444/BCDFGISSSV/2016, dated 16.4.2016, passed by the second respondent and quash the same as illegal and consequently direct the respondents to produce the Sudhakar @ Thikkuvai Sudhakar, son of Muniyan, aged 27 years, who is now confined at the Central Prison, Puzhal, Chennai, before this Court and set him at liberty.
For Petitioner : Mr.D.Gandhiraj 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 wife of the detenu, namely, Sudhakar @ Thikkuvai Sudhakar, aged 27 years, son of Muniyan, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in
No.444/BCDFGISSSV/2016, dated 16.4.2016, passed by the second Respondent, detaining the detenu, under Section 3(1) of 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), branding him as a "Goonda", in the Central Prison, Puzhal, Chennai, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.
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the order of detention passed by the second respondent, against the husband of the petitioner, dated 16.4.2016, has been revoked by the Government, in G.O. Rt. No.2901, Home, Prohibition and Excise (XIII) Department, dated 30.6.2016 and he has also produced a copy of the said order.
Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To 1.The Secretary to Government Home, Prohibition and Excise Department, The State of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Commissioner of Police, Greater Chennai City, Vepery, Chennai-600 007.
3.The Inspector of Police, K-8, Arumbakkam Police Station, Chennai.
4.The Public Prosecutor, High Court, Madras.
5.The Joint Secretary to Government Public (L&O) Fort St.George, Chennai.
6. The Superintedent, Central Prison, Puzhal,Chennai.
kgk(co) krd 14/12 H.C.P.No.1031 of 2016