A.Saratha v. The Government 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.1038 of 2016 A. Saratha .. Petitioner Vs 1.The Government of Tamil Nadu represented by its Secretary Home, Prohibition & Excise (XVI) Department Fort St. George Chennai-9.
2.The Commissioner of Police Greater Chennai Police Office of Commissioner of Police Chennai-7.
.. 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 16.02.2016 in Proceedings No.118/BCDFGISSSV/2016, under the Tamil Nadu Act 14 of 1982 and to set aside the same and to direct the respondents to produce the body of the petitioner's son Jai @ Jayakumar, Son of Arumugam, aged about 25 years, the detenu, now confined in the Central Prison, Puzhal, Chennai, before this Court and set him at liberty.
For Petitioner : M/s.R. Vijayakumar 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, Jai @ Jayakumar, Son of Arumugam, aged
about 25 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in BCDFGISSSV No.118/2016, dated 16.02.2016, 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 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that the order of detention passed by the second respondent, against the son of the petitioner, dated 16.02.2016, has been revoked by the Government, in G.O. Rt. No.2317, Home, Prohibition and Excise (X) Department, dated 19.5.2016 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/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar rnb To 1.The Secretary to Government Home, Prohibition & Excise (XVI) Department Secretariat, Chennai-9.
2.The Commissioner of Police Greater Chennai Vepery, Chennai-7.
3. The Superintendent Central Prison, Puzhal, Chennai
4. The Public Prosecutor, High Court, Madras.
H.C.P.No.1038 of 2016 RJ (CO) kk 14/12