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Madras High CourtHCP/1915/2016dismissed

Kavitha v. The Principal Secretary To

2017-03-14Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.03.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.1915 of 2016 Kavitha .. Petitioner Vs

1. The Principal Secretary to the Government Home, Prohibition and Excise Department, Secretariat, St.George Fort, Chennai - 600 009.

2. The Commissioner of Police, Chennai Police, Office of the Commissioner of Police, (Goondas Section),Vepery Chennai-600 007 .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus of any other writ of direction calling upon the production of the records relating to the detention order dated 19.07.2016 made in detention Order Memo No.734/BCDFGISSSV/2016 passed by the second respondent herein and quash the same and direct the respondents to produce the body or person of the petitioner's husband Rajan,S/o Mr.Mahimaidas, aged 32 years branded as Goonda and now confined in Central Prison, Puzhal, Chennai before this Court and set him at liberty forthwith.

For Petitioner : Mr.V. Paarthiban For respondents : Mr.V.M.R. Rajentren Addl. Public Prosecutor

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the wife of the detenu Rajan, S/o Mr.Mahimaidas, aged 32 years, has come forward with this https://hcservices.ecourts.gov.in/hcservices/

petition challenging the detention order passed by the second respondent dated 19.07.2016 against her husband 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would submit that the order of detention passed by the second respondent as against her husband dated 19.07.2016 has been revoked by the Government in G.O. Rt. No.4136 Home, Prohibition & Excise [X] Department dated 31.08.2016 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.

sd/ Assistant Registrar //True Copy// Sub Assistant Registrar sr To

1. The Principal Secretary, Home, State of Tamil Nadu, Home Prohibition and Excise Department, Fort St.Feorge, Chennai - 600 009.

2. The Commissioner of Police, Chennai Police, Office of the Commissioner of Police, (Goondas Section), Vepery, Chennai-600 007 3.The Central Prison, Puzhal, Chennai.

4.The Joint secretary to Government, Public(Law and Order) Secretariat, Chennai-9 5.The Public Prosecutor, High Court, Chennai. in H.C.P.No.1915 of 2016 KK(CO) GN(27/03/2017) https://hcservices.ecourts.gov.in/hcservices/