Madras High CourtHCP/1516/2016dismissed

P.Malarkodi, F/A 47 Years v. The Government Of Tamil Nadu

2017-01-02Honourable Mr Justice T.Mathivanan,Honourable Mr Justice M. Jaichandren3 pages

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.1516 of 2016 P.Malarkodi .. Petitioner Vs 1.The Government of Tamilnadu, rep by its Secretary, Home, Prohibition and Excise (XVI) Department, Fort St George, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Chennai.

.. 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 Memo No.643/BCDFGISSSV/2016, dated 4.7.2016, passed by the second respondent and to set aside the same and to direct the respondents to produce the body of the petitioner's son Kumaran, aged about 26 years, the detenu, now confined in the Central Prison, Puzhal, Chennai, before this Court and to set him at liberty.

For Petitioner : Mr.R.Vijayakumar 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 mother of the detenu, namely, Kumaran, son of Pandiyan, aged about 26 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.643/BCDFGISSSV/2016, dated 4.7.2016, 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 "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.

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that the order of detention passed by the second respondent, against the son of the petitioner, dated 4.7.2016, has been revoked by the Government, in G.O. Rt. No.3724, Home, Prohibition and Excise (X) Department, dated 11.8.2016 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(CCC) /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 Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Chennai.

3.The superindent, Central Prison, Puzhal.

4.The Joint Secretary to the Government, Public(Law and Order) Fort.St.George. Chennai-9 5.The Public Prosecutor, High Court, Madras.

H.C.P.No.1516 of 2016 Vgi(CO) GN(01/02/2017)