S.Jothi, Female Aged 30 Years v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.NO.2168 OF 2016 AND H.C.P. NO. SR42408 OF 2016 AND CRL.M.P.NOS.11136 AND 10406 OF 2016 S.Jothi ..

Petitioner in both HCPs'

Vs.

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

2.Commissioner of Police Greater Chennai Police.

.. Respondents in both HCPs'

PRAYER IN HCP NO.2168 OF 2016: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records in connection with the order of detention passed by the second respondent dated 03.09.2016 in Memo No.1027/BCDFGISSSV/2016 against the petitioner husband Dooma @ Domma Selvam, Male aged 35 years S/o. Arjunan, who is confined at Central Prison, Puzhal II, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

PRAYER IN CRL.M.P.NO.10406 OF 2016 IN HCP NO. SR42408 OF 2016: Petition filed under Article 226 of the Constitution of India, praying to direct the Superintendent of Central Prison, Puzhal II, Chennai to admit the petitioner's husband in Government Mental Hospital, Kilpauk, Chennai - 10 for treatment. For Petitioner :

Mr.S.Senthilvel For Respondents : Mr.V.M.R.Rajentren Additional Public Prosecutor

COMMON ORDER [Order of the Court was made by M.JAICHANDREN, J.] The Habeas Corpus Petition in H.C.P.No.2168 of 2016 has been filed by the wife of the detenu namely Dooma @ Domma Selvam, aged 35 years, son of Arjunan, challenging the detention order in Memo No.1027/BCDFGISSSV/2016, dated 03.09.2016, passed by the Commissioner of Police, Greater Chennai, the second respondent herein, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982), branding him as a "Goonda", in the Central Prison, Puzhal, Chennai and to direct the respondents to produce the detenu and to set him at liberty.

2. The petition in H.C.P.No.SR.42408 of 2016 has been filed by the wife of the detenu namely Dooma @ Domma Selvam, aged 35 years, son of Arjunan, with a prayer to direct the Superintendent of Central Prison, Puzhal II, Chennai, to admit the petitioner's husband in Government Mental Hospital, Kilpauk, Chennai - 10 for treatment.

3. At this stage of the hearing of these Habeas Corpus Petitions, 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 03.09.2016, has been revoked by the Government, in G.O.Rt.No.5220, Home, Prohibition & Excise (X) Department, dated 21.10.2016 and he has also produced a copy of the said order.

4. Recording the submission of the learned Additional Public Prosecutor, both the petitions are dismissed as infructuous. Consequently, connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1.The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009.

2.The Commissioner of Police Greater Chennai Police.

3.The Public Prosecutor High Court of Madras Chennai.

4.The Superintendent, Central Prison, Puzhal-II.

H.C.P.NO.2168 OF 2016 AND H.C.P. NO. SR42408 OF 2016 ksj[co] srg 23/11/2016