Sheela, Aged 42 Years v. 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.1524 of 2016 Sheela .. Petitioner Vs 1.The State of Tamilnadu, rep by its Secretary, Home, Prohibition and Excise Department, Fort St George, Chennai-600 009.

2.The Commissioner of Police, The Commissioner Office, Vepery, Chennai-600 007.

.. 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.648/BCDFGISSSV/2016, dated 5.7.2016, passed by the second respondent and to set aside the same and to direct the respondents to produce the petitioner's son Abishiek @ Iyer, son of Nandakumar, aged about 24 years, now detained in the Central Prison, Puzhal, Chennai, before this court and to set him at liberty.

For Petitioner : Mr.R.Krishnan 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, Abishiek @ Iyer, aged about 24 years, son of Nandakumar, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.648/BCDFGISSSV/2016, dated 5.7.2016, 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 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that the order of detention passed by the second respondent, against the son of the petitioner, dated 5.7.2016, has been revoked by the Government, in G.O. Rt. No.3722, Home, Prohibition and Excise (XIII) 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 //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, The Commissioner Office, Vepery, Chennai-600 007.

3 The Superintendent Central Prison, Puzhal, Chennai 4 The Joint Secretary to Govt., Public (Law & Order)Dept., Fort St. George Chdnnai 600 009

5.The Public Prosecutor, High Court, Madras.

vd(CO) md(27/01/2017) H.C.P.No.1524 of 2016