S.Chitra, Aged 34 Years v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2017

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1536 of 2016 S.Chitra

...Petitioner

Vs

1. The State, rep by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2. The District Collector and District Magistrate, Kancheepuram District, Kancheepuram.

...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 in BCDFGISSSV No.43/2016, passed by the second respondent, on 13.7.2016, to set aside the same and to direct the respondents to produce Siva @ Patravakkam Siva, aged about 39 years, son of Sandhiyappan, now detained in the Central Prison, Vellore, before this Court and to set him at liberty. For Petitioner : Mr.S.Swamidoss Manokaran 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, Siva @ Patravakkam Siva, aged about 39 years, son of Sandhiyappan, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in BCDFGISSSV No.43/2016, dated 13.7.2016, passed by the second Respondent, detaining the detenu, under Section 3(1) https://hcservices.ecourts.gov.in/hcservices/

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, Vellore, and to quash the same and to direct the Respondents to produce the body of the detenu and to set him at liberty.

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the order of detention passed by the second respondent, against the husband of the petitioner, dated 13.7.2016, has been revoked by the Government, in G.O. Rt. No.3990, Home, Prohibition and Excise (XI) Department, dated 23.8.2016 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, Kancheepuram District, Kancheepuram.

3. The Public Prosecutor, High Court, Madras.

4. The Superintendent, Central Prison, Vellore.

5. The Joint Secretary to the Government Public (Law & Order), Fort St. George, Chennai-9.

NM(CO) RS(08/02/2017) H.C.P.No.1536 of 2016 https://hcservices.ecourts.gov.in/hcservices/