Noori, F/A 55 Years v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2017

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1670 of 2016 Noori .. Petitioner Vs 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, 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 in connection with the order of detention passed by the second respondent dated 20.7.2016 in BCDFGISSSV No.741/2016, against the son of the petitioner, detenu, Chan Basha, aged 28 years, son of Mohammed Rope, confined in the Central Prison, Puzhal, Chennai and to set aside the same and consequently, to direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner : Mr.K.S.Kaviarasu 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, Chan Basha, aged about 28 years, son of Mohammed Rope, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.741/BCDFGISSSV/2016, dated 20.7.2016, 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that the order of detention passed by the second respondent, against the son of the petitioner, dated 20.7.2016, has been revoked by the Government, in G.O. Rt. No.4154, Home, Prohibition and Excise (XIII) Department, dated 1.9.2016 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 Register //True Copy // Sub Assistant Register 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, Chennai.

3.The Public Prosecutor, High Court, Madras.

4. The Superintendent, Central Prison Puzhal, Chennai-66.

H.C.P.No.1670 of 2016 SS [CO] RR 28/02/2017