Sakunthala, 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.1089 of 2016 Sakunthala ... Petitioner/Mother of Detenue 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 28.4.2016 in memo No.487/ BCDFGISSSV/2016, against the son of the petitioner, Karthik, aged about 25 years, son of Meganathan, 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 mother of the detenu, namely, Karthik, son of Meganathan, 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.487/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.

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that the order of detention passed by the second respondent, against the son of the petitioner, dated 28.4.2016, has been revoked by the Government, in G.O. Rt. No.2910, Home, Prohibition and Excise (XIII) Department, dated 30.6.2016 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/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vvk To

1. The Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai-600 009.

2. The Commissioner of Police, Greater Chennai, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court, Madras.

H.C.P.No.1089 of 2016 CA(CO) CA(23.12.2016) https://hcservices.ecourts.gov.in/hcservices/