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Madras High CourtHCP/2352/2016dismissed

M.Sathish, Aged 40 Years v. The Secretary To Government

2017-04-06Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2017

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE DR.JUSTICE ANITA SUMANTH H.C.P.No.2352 of 2016 M.Sathish, S/o Manoharan

...Petitioner

versus

1. 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, Detaining Authority, Coimbatore City, Coimbatore.

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

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records in Connection with the order of Detention passed by the second respondent in C.No.48/G/IS/2016 dated 15.10.2016 against the petitioner's brother M.Karthick, male, aged 31 years, S/o Manoharan, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the court and set him at liberty. For Petitioner : Mr.G.Karthikeyan For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] Challenge is made to the order of detention passed by the second respondent vide Proceedings in C.No.48/G/IS/2016 dated 15.10.2016, whereby the detenu, namely M.Karthick, S/o Manoharan, aged about 31 years, was ordered to be detained under GOONDA as contemplated Section 2(f) of the 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would submit that the order of detention passed by the second respondent as against the petitioner dated 15.10.2016 has been revoked by the Government in G.O. Rt. No.5940, 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 dismissed as infructuous. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

sts To 1.The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009 2.The Commissioner of Police, Detaining Authority, Coimbatore City, Coimbatore.

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

4 The Superintendent of Central Prison, Vellore 5.The Public Prosecutor, High Court, Madras.

ks(CO) md(18/04/2017) H.C.P.No.2352/2016