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Madras High CourtHCP/1063/2016dismissed

Tmt.M.Gomathi v. The Principal Secretary To

2016-11-04Honourable Mr Justice S. Baskaran,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1063 of 2016 M.Gomathi .. Petitioner Vs 1.The Principal Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai Police, Office of the Commissioner of Police, Vepery, Chennai-600 007.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai-600 066.

.. 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 of the second respondent in Memo No.494/ BCDFGISSSV/2016, dated 28.4.2016, set aside the same and set the detenu Vikky @ Vignesh, son of Gandhi, now confined in the Central Prison, Puzhal, Chennai, at liberty. For Petitioner : Mr.N.Kannan 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, Vikky @ Vignesh, son of Gandhi, aged about 22 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.494/BCDFGISSSV/2016, dated 28.4.2016, passed by the second https://hcservices.ecourts.gov.in/hcservices/

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that the order of detention passed by the second respondent, against the son of the petitioner, dated 28.4.2016, has been revoked by the Government, in G.O. Rt. No.2912, 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/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registra vvk To 1.The Principal Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai Police, Office of the Commissioner of Police, Vepery, Chennai-600 007.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai-600 066.

4.The Public Prosecutor, High Court, Madras.

H.C.P.No.1063 of 2016 KS(CO) Eu 10.12.16 https://hcservices.ecourts.gov.in/hcservices/