Pushpa v. State Of Tamilnadu Rep By

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.1072 of 2016 Pushpa .. Petitioner Vs 1.The Secretary to the Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

.. 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 relating to the detention order in Memo No.430/BCDFGISSSV/2016, dated 15.4.2016, passed by the second respondent, under the Tamil Nadu Act 14 of 1982 and set aside the same and to direct the respondents to produce the petitioner's son Chella @ Selvakumar, son of Kuppusamy, aged about 25 years, the detenu, now confined at the Central Prison, Puzhal, Chennai, before this Court and set the detenu herein at liberty. For Petitioner : Mr.J.Jawahar 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, Chella @ Selvakumar, son of Kuppusamy, aged about 25 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.430/BCDFGISSSV/2016, dated 15.4.2016, 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the order of detention passed by the second respondent, against the detenu, Chella @ Selvakumar, dated 15.4.2016, has been revoked by the Government, in G.O. Rt. No.2882, Home, Prohibition and Excise (X) 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. vvk Sd/- Assistant Registrar (CS VI) /TRUE COPY/ Sub-Assistant Registrar To 1.The Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

3.The Superintendent, Central Prison, Puzhal,Chennai

4.The Public Prosecutor, High Court, Madras.

H.C.P.No.1072 of 2016 RP[CO] MK:09/12/2016