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Madras High CourtHCP/2463/2016revoked

Velayutham, M/A-39 Years v. The State Of Tamilnadu Rep.By

2017-04-12Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2017

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE DR.JUSTICE ANITA SUMANTH H.C.P.No.2463 of 2016 Velayutham

...Petitioner

versus

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

2. The District Collector and District Magistrate, Villupuram District, Villupuram.

...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 relating to the order of Detention passed by the second respondent in Memo No.C2/24547/2016 dated 23.10.2016 against the petitioner's brother Shanmugam, male, aged 44 years S/o Kandeepa Gounder, who is confined at Central Prison, Cuddalore and set aside the same and direct the respondents to produce the detenu before the court and set him at liberty.

For Petitioner : Mr.I.Paul Noble Devakumar 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 Memo No.C2/24547/2016 dated 23.10.2016, whereby the detenu, namely Shanmugam S/o.Kandeepa Gounder, male, aged 44 years, was ordered to be detained under BOOTLEGGER as contemplated under 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that the order of detention passed by the Second respondent as against the petitioner's brother dated 23.10.2016 has been revoked by the Government in G.O. Rt. No.6108, HOME, https://hcservices.ecourts.gov.in/hcservices/

PROHIBITION & EXCISE (XIV) DEPARTMENT, dated 02.12.2016 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. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ksa To

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

2. The District Collector and District Magistrate, Villupuram District, Villupuram.

3. The Public Prosecutor, High Court, Madras.

4. The Superintendent, Central Prison, Cuddalore.

5. The Joint Secretary to Government Public (Law and Order) Fort St. George, Chennai.

H.C.P.No.2463 of 2016 VSN(CO) EU 28.4.17 https://hcservices.ecourts.gov.in/hcservices/