Vijayakumar v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1282 of 2016 Vijayakumar ..Petitioner Vs 1.The Secretary to the Government of Tamil Nadu, Home department, Secretariat, St. George Fort, Chennai.

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

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to produce the body of the petitioner, namely Vijayakumar, aged about 50 years, who is detained in Central Prison No.2, Puzhal, Chennai, before this court and to set him at liberty, forthwith, by calling for the records pursuant to the detention order, dated 13.8.2015, made in No.723/2015, on the file of the second respondent and to quash the same.

For Petitioner : Mr.B.Vijayakumar 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 detenu, namely, Vijayakumar, aged about 50 years, son of Nataraj, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.723/2015, dated 13.8.2015, 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, https://hcservices.ecourts.gov.in/hcservices/

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 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 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.

The learned counsel appearing on behalf of the petitioner had not refuted the submission made by the learned Additional Public Prosecutor, appearing on behalf of the respondents.

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

Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar vvk To 1.The Principal Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

3.The superintendent, Central prison puzhal, Chennai 4.The Jt. Secretary to court Public(law & order) Fort st. George, Chennai-600009.

5.The Public Prosecutor, High Court, Madras.

+1cc to The B.Vijayakumar Advocate sr.73626 H.C.P.No.1282 of 2016 rsy(co) ss(10/01/2017) https://hcservices.ecourts.gov.in/hcservices/