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Madras High CourtHCP/2453/2016revoked

Dhana Mary 43 Years v. The State Of Tamil Nadu

2017-04-11Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2017

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE DR.JUSTICE ANITA SUMANTH H.C.P.No.2453 of 2016 Dhana Mary

...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, The Commissioner Office, Vepery, Chennai - 600 007

...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 No.1116/BCDFGISSSV/2016 dated 26.10.2016 against the petitioner's son Tony @ Tonyraj, male, aged 27 years, S/o Anwar, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before the court and set him at liberty. For Petitioner : Mr.D.Gopi Krishnan 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 No.1116/BCDFGISSSV/2016 dated 26.10.2016, whereby the detenu, namely Tony @ Tonyraj, S/o Anwar, aged about 27 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submit that the order of detention passed by the second respondent as against the petitioner's son dated 26.10.2016 has been revoked by the Government in G.O. Rt. No.6439, HOME, PROHIBITION & EXCISE (XIII) DEPARTMENT, dated 22.12.2016 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. [S.N.J.,] [A.S.M.J.,] 11-04-2017 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, The Commissioner Office, Vepery, Chennai - 600 007 3.The Public Prosecutor, High Court, Madras.

S.NAGAMUTHU,J.

and DR.ANITA SUMANTH, J.

sts Order in H.C.P.No.2453/2016 11.04.2017