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Madras High CourtHCP/2117/2016dismissed

K.Geetha, F/27 Years v. The State Of Tamil Nadu Rep By

2017-03-21Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.03.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2117 of 2016 K.Geetha .. Petitioner Vs

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2. The Commissioner of Police, Chennai city, Egmore, Chennai - 600 008.

.. 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 for the records leading leading to the detention of the petitioner's husband Kavi @ Kavi Arasu, S/o John Suresh, Male aged about 30 years is presently lodged in Central Prison Puzhal at Chennai and has been detained under Act 14/1982 as a "Goonda"vide detention order 07.09.2016 on the file of the 2nd respondent herein, made in 1038/BCDFGISSSV/2016 quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Hon'ble Court and thereafter set him at liberty from the central Prison, Puzhal, Chennai.

For Petitioner :

Mr.M.Baskar For respondents :

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

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the wife the detenu Kavi @ Kavi Arasu S/o John Suresh aged 30 years, has come forward with this petition challenging the detention order passed by the second respondent dated 07.09.2016 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the order of detention passed by the second respondent as against the husband of the petitioner dated 07.09.2016 has been revoked by the Government in G.O.Rt.No.5309 Home, Prohibition & Excise [XIII] Department dated 24.10.2016 and he has also produced a copy of the said order.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.N.J.,) (A.S.M.J.,) 21-03-2017 Speaking order/non-speaking order Index : Yes/no Internet : Yes/no sr/jer To

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

2. The Commissioner of Police, Chennai City, Egmore, Chennai - 600 008.

3.The Public Prosecutor, High Court, Chennai.

S.NAGAMUTHU,J.

And ANITA SUMANTH,J., sr/jer Order in H.C.P.No.2117 of 2016 21-03-2017