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Madras High CourtHCP/1237/2016dismissed

U.Kamatchi v. The State Of Tamil Nadu Rep By

2016-11-29Honourable Mr Justice S. Baskaran,Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1237 of 2016 U.Kamatchi .. Petitioner Vs 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector and District Magistrate, Kancheepuram District, Kancheepuram.

.. 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 21.4.2016 in BCDFGISSSV No.34/2016, against the petitioner's husband, Udhayakumar @ Udhaya, aged about 27 years, son of Jaya, who is confined at the Central Prison, Vellore and to set aside the same and consequently, to direct the respondents to produce the detenu before this Court and to set him at liberty. For Petitioner : Mr.S.Senthilvel 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 wife of the detenu, namely, Udhayakumar @ Udhaya, aged about 27 years, son of Jaya, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in B.C.D.F.G.I.S.S.S.V.No.34/2016, dated 21.4.2016, 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, Vellore, and to quash the same and to direct the Respondents to produce the body of the detenu and to 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the order of detention passed by the second respondent, against the husband of the petitioner, dated 21.4.2016, has been revoked by the Government, in G.O. Rt. No.2854, Home, Prohibition and Excise (XI) 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/- Assistant Registrar // True Copy // Sub Assistant Registrar

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

2.The District Collector and District Magistrate, Kancheepuram District, Kancheepuram.

3.The Public Prosecutor, High Court, Madras.

4. The Supertendent, Central prison, vellore.

H.C.P.No.1237 of 2016 CO/KSJ RRI 04/01/2017