Ganthimathi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM H.C.P.No.717 OF 2016 Gandhimathi .. Petitioner/Mother of the detenue vs.

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

2.The Commissioner of Police, Chennai Police, Vepery, Chennai.

.. 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 21.03.2016 in BCDFGISSSV No.331/2016 against the son of the petitioner Bell @ Kamalakannan, male, aged 25 years, son of Govindasamy, who is confined at Central Prison, Puzhal, Chennai, and set aside the same and consequently direct the respondents to produce the detenu before this Hon'ble Court and set him at liberty. For Petitioner .. Mr.K.S.Kaviarasu For Respondents.. Mr.V.M.R.Rajentren, Additional Public Prosecutor.

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner, who is the mother of the detenu, namely, Bell @ Kamalakannan, son of Govindasamy, aged about 25 years, has come forward with this petition, challenging the detention order passed by the second respondent, dated 21.03.2016, 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 14/1982).

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that the order of detention passed by the second respondent as against the son of the petitioner, dated 21.03.2016, has been revoked by the Government in G.O. [Rt] No.2246, Home, Prohibition & Excise (XIII) Department, dated 18.05.2016, and he has also produced a copy of the said order.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.

-s/dAssistant Registrar 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, Chennai Police, Vepery, Chennai-600 008

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

4.The Superintendent Central Prison II, Puzhal Chennai H.C.P.No.717/2016 aa12/09/2016