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Madras High CourtHCP/825/2016dismissed

S.Susila v. The Principal Secretary To

2016-10-20Honourable Mr Justice S. Baskaran,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.825 of 2016 Susila .. Petitioner Vs 1.The Principal Secretary to Government Home, Prohibition & Excise (XVI) Department Secretariat, Chennai-9.

2.The Commissioner of Police (Detention Officer) Salem.

3.The Inspector of Police Amma Pattai Police Station Salem District.

.. Respondents Prayer: Petition is 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 dated 9.3.2016 in C.M.P.No.13/GOONDA/SALEM CITY/2016, under the Tamil Nadu Act 14 of 1982 and to set aside the same and to direct the respondents to produce the petitioner's son Pandian @ Pandiyarajan, aged about 27 years, the detenu, now confined in the Central Prison, Salem, before this Court and set him at liberty. For Petitioner : M/s.A.Raja Mohamed For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor - - - -

ORDER

(Order of the Court was made by M.JAICHANDREN,J.) This Habeas Corpus Petition has been filed, by the mother of the detenu, namely, Pandian @ Pandiarajan, aged about 28 years, Son of Subramani, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in C.M.P.No.13/Goonda/Salem City/2016, dated 9.3.2016, passed by https://hcservices.ecourts.gov.in/hcservices/

the second Respondent, detaining the detenu, under Section 3(1) of 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 of 1982), branding him as a "Goonda", in the Central Prison, Salem, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.

2. At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor, appearing on behalf of the respondents would submit that the order of detention passed by the second respondent, against the son of the petitioner, dated 09.03.2016, has been revoked by the Government, in G.O. Rt. No.2139, Home, Prohibition and Excise (XIV) Department, dated 18.5.2016 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. rnb -sdAssistant Registrar /true copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government Home, Prohibition & Excise (XVI) Department Secretariat, Chennai-9.

2.The Commissioner of Police (Detention Officer) Salem.

3.The Inspector of Police Amma Pattai Police Station Salem District.

4.The Public Prosecutor, High Court, Madras.

5. The Superintendent Central Prison Salem H.C.P.No.825 of 2016 co sk ns 12.11.16 https://hcservices.ecourts.gov.in/hcservices/