Tmt.Kumutha, 50 Years v. The Principal Secretary To The

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.1476 of 2016 Kumutha .. Petitioner/Mother of Detenue Vs 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007 .. Respondents 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 04.07.2016 in memo.No.640/BCDFGISSSV/2016, against the petitioner's son Antony Denison @ Deni, son of Premraj, aged about 27 years, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to Produce the detenu before this Hon'ble Court and set him at Liberty.

For Petitioner : Mr.V.Paarthiban 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 mother of the detenu, namely, Antony Denison @ Deni, S/o.Premraj, aged about 27 years, praying that this Court may be pleased to issue https://hcservices.ecourts.gov.in/hcservices/

a Writ of Habeas Corpus, to call for the records, in No.640/BCDFGISSSV/2016, dated 04.07.2016, 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, Puzhal, Chennai, and to quash the same and to direct the respondents to produce the body of 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that the order of detention passed by the second respondent, against the son of the petitioner, dated 04.07.2016, has been revoked by the Government, in G.O.Rt.No.3688, Home, Prohibition and Excise (XIII) Department, dated 09.08.2016 and he has also produced a copy of the said order.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 Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007 3.The Public Prosecutor, High Court, Madras.

H.C.P.No.1476 of 2016 CA(CO) GN(25/01/2017) https://hcservices.ecourts.gov.in/hcservices/