Karthi @ Karthkeyan@Kakoos v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.12.2016

CORAM

THE HON'BLE Mr.JUSTICE M.JAICHANDREN and THE HON'BLE Mr.JUSTICE T.MATHIVANAN H.C.P.No.1421 of 2016 Karthi @ Karthkeyan @ Kakoos Karthi @ Mubarak Basha .. Petitioner Vs 1.The Secretary to the Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector, O/o. The District Collector and District Magistrate, Erode District, Erode.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records of detention order made in Cr.M.P.No.06/GOONDA/2016 C1 dated 01.05.2016 passed by the District Collector, Erode District, Erode, the second respondent herein against the petitioner/detenu, Thiru.Karthi @ Karthikeyan @ Kakoos Karthi @ Mubarak Basha aged about 33 years, who is now confined at Central Prison, Coimbatore and set aside the same and produce him before this Hon'ble Court and set him at liberty. For Petitioner : Mr.M.Sankar For Respondents : Mr.V.M.R.Rajentren, APP

O R D E R

[Order of the Court was made by M.JAICHANDREN, J.] This Habeas Corpus Petition has been filed, by the detenu, namely, Karthi @ Karthkeyan @ Kakoos Karthi @ Mubarak Basha, S/o.Nazeer Bai, aged about 33 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the

records, in Cr.M.P.No.06/GOONDA/2016 C1, dated 01.05.2016, passed by the second Respondent, detaining the petitioner, 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, Coimbatore, and to quash the same and to direct the respondents to produce the detenu and set him at liberty forthwith.

2. 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that the order of detention passed by the second respondent, against the petitioner/detenu, dated 01.05.2016, has been revoked by the Government, in G.O.Rt.No.2900, Home, Prohibition and Excise (IX) Department, dated 30.6.2016 and he has also produced a copy of the said order.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. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vvk/gya To 1.The Secretary to the Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector, O/o. The District Collector and District Magistrate, Erode District, Erode.

3 The Jail Superintendent Central Prison, Coimbatore

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M. Sankar, Advocate, S.R.No.76098 GMI(CO) md(20/01/2017) H.C.P.No.1421 of 2016