M.Mahalakshmi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1037 of 2016 M. Mahalakshmi .. Petitioner Vs 1.The State of Tamil Nadu represented by its Secretary to Government Home, Prohibition and Excise Department Fort St. George Chennai-9.

2.The Commissioner of Police Salem City.

3.The Superintendent Central Prison, Salem.

.. Respondents Prayer: Petition is filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records in connection with the order of detention passed by the second respondent dated 27.04.2016 in C.M.P.No.30/Goonda/Salem City/2016, under the Tamil Nadu Act 14 of 1982 and to set aside the same and to direct the respondents to produce the petitioner's son Kozhi Baskar @ Baskar, Son of Madeswaran, aged about 35 years, the detenu, now confined in the Central Prison, Salem, before this Court and set him at liberty. For Petitioner : M/s.B. Vasudevan 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, Kozhi Baskar @ Baskar, Son of Madeswaran, aged about 35 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in C.M.P.No.30/Goonda/Salem City/2016, dated 27.04.2016, 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, Salem, and to quash the same and to direct the Respondents to produce the body of the detenu and to 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that the order of detention passed by the second respondent, against the son of the petitioner, dated 27.04.2016, has been revoked by the Government, in G.O. Rt. No.2871, Home, Prohibition and Excise (XIV) Department, dated 30.06.2016 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. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar rnb

To 1.The Secretary to Government rep by The State of Tamil Nadu Home, Prohibition and Excise Department Fort St. George Chennai-9.

2.The Commissioner of Police Salem City.

3.The Superintendent Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

H.C.P.No.1037 of 2016 aa15/12/2016