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Madras High CourtHCP/2235/2016dismissed

Selvi, W/O.Kanagaraj v. The Secretary To Government

2017-03-14Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu3 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.2235 of 2016 Selvi ..Petitioner Vs

1. The Secretary to Government, Prohibition & Excise Department, Secretariat, Fort St. George.

Chennai.

2. The Commissioner of Police, Detaining Authority, Coimbatore

3. The Inspector of Police, Law & Order, B-4 Ukkadam Police Station, Coimbatore.

.. 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 30.09.2016 made in detention Order in C.No.35/G/IS/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 son namely K.Madankumar, S/o. Kanagaraj, aged 23 years, branded as Goonda an now confined in Central Prison, Vellore before this Court and set him at liberty forthwith.

For Petitioner : Mr.G. Karthikeyan 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 mother of the detenu Madhankumar S/o Mr.Kanagaraj, aged 23 years, has come forward with this petition challenging the detention order passed by the second respondent dated 30.09.2016 against her son 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would submit that the order of detention passed by the second respondent as against her son dated 30.09.2016 has been revoked by the Government in G.O. [Rt] No.5945 Home, Prohibition & Excise [XII] Department dated 25.11.2016 and he has also produced a copy of the said order.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/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Secretary State of Tamil Nadu, Prohibition & Excise Department, Secretariat, Fort St. George.

Chennai.

2. The Commissioner of Police, Detaining Authority, Coimbatore

3. The Inspector of Police, Law & Order, B-4 Ukkadam Police Station, Coimbatore.

4. The Superintendent of Prison, Vellore

5. The Joint Secretary to Government Public Law and Order Secretariat, Chennai 9 6.The Public Prosecutor, High Court, Chennai. H.C.P.No.2235 of 2016 KK(CO) sp/27/3