Ruban v. The Secretary To Thegovernment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.454 OF 2016 Ruban ... Petitioner Vs.

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

2. The Commissioner of Police, Greater Chennai Police.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, calling for the records in connection with the order of detention passed by the second respondent, dated 23.02.2016 in Memo No.179/BCDFGISSSV/2016 against the petitioner's brother Stephen, male, aged 26 years, son of Balaraman, 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.

For Petitioner :

Mr.S.Senthilvel For Respondents :

Mr.A.N.Thambidurai, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner, who is the brother of the detenu, namely, Stephen, son of Balaraman, aged about 26 years, has come forward with this petition, challenging the detention order passed by the second respondent dated 23.02.2016 against his brother branding him as a "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest https://hcservices.ecourts.gov.in/hcservices/

Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982).

2.The learned Additional Public Prosecutor appearing for the respondents would submit that the order of detention passed by the second respondent as against the brother of the petitioner dated 23.02.2016 has been revoked by the Government in G.O. [Rt] No.2218, Home, Prohibition & Excise (XIII) Department, dated 18.05.2016 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition is dismissed, as the same has become infructuous.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dixit To

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

2. The Commissioner of Police, Greater Chennai.

3. The Superintendent at Central Prison, Puzhal II, Chennai 66.

4. The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.

5. The Public Prosecutor, Madras High Court, Madras.

H.C.P.No.454 of 2016 RP(CO) CA(14/07/2016) https://hcservices.ecourts.gov.in/hcservices/