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Madras High CourtHCP/1159/2016dismissed

Tmt. P.Kaliammal v. The Secretary To Government

2016-11-24Honourable Mr Justice S. Baskaran,Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1159 of 2016 P.Kaliammal .. Petitioner Vs 1.The Secretary to the Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Chennai city Police, Office of the Commissioner of Police, 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 in connection with the order of detention passed by the second respondent dated 23.3.2016 in No.340/ BCDFGISSSV/2016, against the detenu P.Ramesh @ Aadu Ramesh, son of Ponnusamy, aged about 30 years and to set aside the same and to direct the respondents to produce the body of the detenu, who is detained in the Central Prison, Puzhal, Chennai, before this court and set him at liberty. For Petitioner : Mr.K.Devaraj 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, Ramesh @ Aadu Ramesh, son of Ponnusamy, aged about 30 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.340/BCDFGISSSV/2016, dated 23.3.2016, 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that the order of detention passed by the second respondent, against the son of the petitioner, dated 23.3.2016, has been revoked by the Government, in G.O. Rt. No.2193, Home, Prohibition and Excise (X) Department, dated 18.5.2016 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/- Assistant Registrar //True Copy// Sub Assistant 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, Chennai city Police, Office of the Commissioner of Police, Chennai-600 007

3.The Public Prosecutor, High Court, Madras.

4 The Superintendent, Central Prison, Puzhal, Chennai 66 sv(CO) md(28/12/2016) H.C.P.No.1159 of 2016