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Madras High CourtHCP/1614/2021closed

Ponniyammal v. The State Of Tamilnadu Rep.By Its

2022-02-07Honourable Mr Justice P. N. Prakash,Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN H.C.P.NO.1614 OF 2021 Ponniyammal W/o.Mahendran

...Petitioner / Mother of the

Detenue Vs.

1.The State of Tamil Nadu, represented by its Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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

3.The Superintendent of Police, O/o. Superintendent Office, Kanchipuram, 4.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

5.State represented by its The Inspector of Police, Vishnu Kanchi Police Station,

...Respondents / Respondents

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the records relating to the proceedings of the second respondent herein in BCDFGISSSV No.43/2021 dated 30.08.2021 and quash the same and produce the detenu Elumalai s/o.Mahendran, aged 27 years, TPDA No.2754 who is now detained at Central Prison, Puzhal, Chennai, before this Court and set him at liberty.

For Petitioner :

Mr.K.G.Senthil Kumar For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Order of the Court was made by A.A.NAKKIRAN, J] The petitioner is the mother of the detenu viz., Elumalai s/o.Mahendran, aged 27 years. The detenu has been detained by the second respondent by his order in BCDFGISSSV No.43/2021 dated 30.08.2021, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. Learned Additional Public Prosecutor would submit that the detention order passed against the detenu in BCDFGISSSV No.43/2021 dated 30.08.2021, on the file of the second respondent is revoked vide G.O.Rt.No.5081, Home, Prohibition and Excise (XI) Department, dated 28.10.2021 and produced a copy of the said order.

In view of the above, this petition is closed as it has become infructuous.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar gm To 1.The Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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

3.The Superintendent of Police, O/o. Superintendent Office, Kanchipuram, 4.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

5.The Inspector of Police, Vishnu Kanchi Police Station, 6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

7.The Public Prosecutor, High Court, Madras.

H.C.P.No.1614 of 2021 SSI(CO) RVM(14/02/2022)