K.M.Geetha v. The Secretary To The

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.1069 of 2016 K.M.Geetha .. Petitioner Vs 1.The Secretary to the Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai-600 009.

2.The District Collector and District Magistrate, Kancheepuram District, Kancheepuram.

.. 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 connected with the order of the second respondent herein made in BCDFGISSSV No.26/2016, dated 29.3.2016, against the detenu, namely Praveenkumar @ Praveen, son of Mohandoss, aged about 22 years, who is confined at the Central Prison, Puzhal, Chennai, and to set aside the same and consequently, direct the respondents to produce the body and person of t he detenu before this Court and set him at liberty, forthwith.

For Petitioner : Mr.Vasanthan Baskaran 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, Praveenkumar @ Praveen, son of Mohandoss, aged about 22 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in BCDFGISSSV No.26/2016, dated 29.3.2016, 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the order of detention passed by the second respondent, against the detenu Praveenkumar @ Praveen, dated 29.3.2016, has been revoked by the Government, in G.O. Rt. No.2156, Home, Prohibition and Excise (XI) Department, dated 18.5.2016 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. -s/d- Assistant Registrar 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 District Collector and District Magistrate, Kancheepuram District, Kancheepuram.

3. The Superintendent Central Prison, Puzhal Chennai 4.The Joint Secretary to Government Public Law and Order Fort St.George Chennai-9 5.The Public Prosecutor, High Court, Madras.

H.C.P.No.1069 of 2016 kjI(co) aa15/12/2016