Amsa, Aged 48 Years v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2017
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1504 of 2016 Amsa .. Petitioner Vs 1.The State of Tamilnadu, rep by its Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St George, 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 records relating to the detention order, in D.O.No.25/2016-C2, dated 10.7.2016, passed by the second respondent and to set aside the same and to direct the respondents to produce the detenu, Ricemill Pandiyan @ Pandiyan, son of Pachaiyappan, aged 57 years, now confined in the Central Prison, Vellore, before this court and to set him at liberty. For Petitioner : Mr.R.Balakrishnan 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 wife of the detenu, namely, Ricemill Pandiyan @ Pandiyan, aged about 57 years, son of Pachaiyappan, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in D.O.No.25/2016-C2, dated 10.7.2016, 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 "Bootlegger", in the Central Prison, Vellore, 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 would submit that the order of detention passed by the second respondent, against the detenu, dated 10.7.2016, has been revoked by the Government, in G.O. Rt. No.3899, Home, Prohibition and Excise (XI) Department, dated 19.8.2016 and he has also produced a copy of the said order. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vvk 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 Superintendent Central Prison, Vellore (In duplicate for communicated to Detenue) 4.The Public Prosecutor, High Court, Madras.
5 The Joint Secretary to Government Public (Law & Order) Fort St. George, Chennai 9 vd(CO) md(27/01/2017) H.C.P.No.1504 of 2016