Muthukrishnan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.03.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.1834 of 2016 Muthukrishnan Petitioner Vs

1. State of TamilNadu, Rep.By The Scretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600009.

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

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or any other Writ of direction calling for the records relating to the detention order in Memo No.882/2016, dated 11.08.2016 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondent to Produce the petitioner's son-in-law PRAKASH @ APPALAM PRAKASH S/O KRISHNAN the detenue, now confined in Central Prison, Puzhal, Chennai before this Hon'ble court and set the petitioner's son PRAKASH @ APPALAM PRAKASH S/O KRISHNAN Aged about 37 years the detenue herein at liberty.

For Petitioner :

Mr.A. Jayamohan For respondents:

Mr.V.M.R. Rajentren Addl. Public Prosecutor

JUDGMENT

(Judgment of the Court was delivered by S. NAGAMUTHU,J.,) The petitioner, who is the father-in-law of the detenu Prakash @ Appalam Prakash, S/o. Krishnan, aged 37 years has come forward with this petition challenging the detention order https://hcservices.ecourts.gov.in/hcservices/

passed by the second respondent dated 11.08.2016 against his son-in-law branding him as a "Goonda" under 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].

2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the son-in-law of the petitioner dated 11.08.2016 has been revoked by the Government in G.O. [Rt] No.4861 Home, Prohibition & Excise [X] Department dated 06.10.2016 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous.

-s/dAssistant Registrar(CsIII) True Copy Sub-Assistant Registrar sr/cse To

1. The Secretary State of Tamil Nadu Prohibition and Excise Department, Fort St.George, Chennai - 600009.

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

3.The Public Prosecutor, High Court, Chennai.

H.C.P.No.1834 of 2016 mv(co) aa10/04/2017 https://hcservices.ecourts.gov.in/hcservices/