Jaya v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1088 of 2016 Jaya .. Petitioner Vs 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2.The Commissioner of Police, Greater Chennai, Chennai.
.. 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 in connection with the order of detention passed by the second respondent dated 25.4.2016 in BCDFGISSSV No.471/2016, against the detenu Suresh, aged about 42 years, son of Madhavan, who is confined at the Central Prison, Puzhal, Chennai and to set aside the same and consequently, to direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.K.S.Kaviarasu 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 petitioner, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.471/BCDFGISSSV/2016, dated 25.4.2016, passed by the second Respondent, detaining the detenu Suresh, aged about 42 years, son of Madhavan, under Section 3(1) of the Tamil Nadu Prevention https://hcservices.ecourts.gov.in/hcservices/
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would submit that the order of detention passed by the second respondent, against the detenu, dated 25.4.2016, has been revoked by the Government, in G.O. Rt. No.2906, 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/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar vvk 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, Greater Chennai, Chennai.
3. The Superintendent Central Prison, Puzhal.
4.The Public Prosecutor, High Court, Madras.
H.C.P.No.1088 of 2016 SSK (CO) kk 29/12 https://hcservices.ecourts.gov.in/hcservices/