Sekaran v. The State Of Tamil Nadu Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1138 of 2016 Sekaran .. Petitioner Vs 1.The State of Tamilnadu, rep by its Secretary to the Government, Home, Prohibition and Excise Department, Chennai-600 009.

2.The Commissioner of Police, Chennai Police, Vepery, Chennai-7.

.. 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 detention of the petitioner's son Durai @ Durairam, son of Sekaran, aged about 22 years, who has been detained vide detention order, dated 28.4.2016, made in Memo No.493/BCDFGISSSV/2016, on the file of the second respondent and to quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this court and set him at liberty from the Central Prison, Puzhal, Chennai. For Petitioner : Mr.M.Rajavelu 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 father of the detenu, namely, Durai @ Durairam, son of Sekaran, 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.493/BCDFGISSSV/2016, dated 28.4.2016, 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that the order of detention passed by the second respondent, against the son of the petitioner, dated 28.4.2016, has been revoked by the Government, in G.O. Rt. No.2911, 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. vvk Sd/- Assistant Registrar (CS- ) /TRUE COPY/ Sub-Assistant Registrar To 1.The Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, Chennai-600 009.

2.The Commissioner of Police, Chennai Police, Vepery, Chennai-7.

3.The Public Prosecutor, High Court, Madras.

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

5.The Joint Secretary to Government, Public (Law & Order), Chennai - 600 009.

H.C.P.No.1138 of 2016 PPA [CO] MSI 28/12/2016