Santhi v. The State Of Tamil Nadu Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1154 of 2016 Santhi .. Petitioner Vs 1.The State of Tamil Nadu, rep by its Secretary to Government, Prohibition and Excise Department (Home), Chennai-9.

2.The Commissioner of Police, Greater Chennai, 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 detenu's detention order passed by the second respondent, in Memo No.1124/BCDFGISSSV/2015, dated 27.10.2015 and to set aside the same and to produce the detenu Muthupandi, son of Chetty @ Vannamuthu, aged about 24 years, now detained in the Central Prison, Puzhal, Chennai, before this Court and to set him at liberty, forthwith.

For Petitioner : No appearance 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, Muthupandi, son of Chetty @ Vannamuthu, aged about 24 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in BCDFGISSSV No.1124/2015, dated 27.10.2015, 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 had submitted that the period of detention, prescribed under the Tamil Nadu Act 14/1982, had already expired. Hence, the Habeas Corpus Petition has become infructuous.

Recording the submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition stands dismissed, as infructuous.

-s/dAssistant Registrar true Copy Sub-Assistant Registrar vvk To 1.The Secretary to Government Home, Prohibition and Excise Department The State of Tamil Nadu, Fort St. George, Chennai-600 009.

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

3. The Superintendent Central Priosn, Puzhal 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.1154 of 2016 pk(co) aa26/12/2016