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Madras High CourtHCP/1366/2016dismissed

Ilayaraja v. State Of Tamil Nadu Rep By

2016-12-21Honourable Mr Justice T.Mathivanan,Honourable Mr Justice M. Jaichandren5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1366 of 2016 Ilayaraja .. Petitioner / Detenue Vs 1.State of Tamil Nadu Rep. By its Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009

2. The District Collector and District Magistrate Tiruvannamalai District Tiruvannamalai .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records relating to petitioner's detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 30.04.2016 on the file of the second respondent herein made in proceedings D.O.No.18/2016-C2 and quash the same as illegal nad consequently direct the respondents herein to produce the said petitioner, namely Ilayaraja, Son of Thulukkanam, aged 33 years before this Court and set the petitioner at liberty from detention.

For Petitioner : Mr.C.C.Chellappan For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor

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ORDER

(Order of the Court was made by M.JAICHANDREN,J.) This Habeas Corpus Petition has been filed, by the detenu, namely, Ilayaraja, son of Thulukkanam, aged about 33 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in D.O.No.18/2016-C2, dated 30.04.2016, passed by the second Respondent, detaining him, 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 him before the Court 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would submit that the order of detention passed by the second respondent, against the petitioner, dated 30.04.2016, has been revoked by the Government, in G.O. Rt. No.2853, Home, Prohibition and Excise (XI) Department, dated 30.06.2016 and he has also produced a copy of the said order.

3.Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous.

(M.J.,J.) (T.M.,J.) 21.12.2016 gpa 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 Tiruvannamalai District Tiruvannamalai 3.The Public Prosecutor, High Court, Madras.

M.JAICHANDREN,J.

and T.MATHIVANAN, J.

GPA H.C.P.No.1366 of 2016 21.12.2016

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