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Madras High CourtHCP/952/2016dismissed

Rajesh v. The State Of Tamil Nadu

2016-09-29Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2016

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.952 of 2016 Rajesh ... Petitioner vs.

1. State of Tamil Nadu rep.by the Secretary Home, Prohibition and Excise Department, Fort St.George, Chennai 9 2.The Commissioner of Police, The Commissioner Office, Vepery, Chennai-600 007 ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus calling for the records leading to the detention of the petitioner's brother Saravanan, son of Kutty, male aged about 25 years, is presently lodged in Central Prison, Puzhal at Chennai and has been detained under Act 14/82, as a 'Goonda' vide detention order dated 15.04.2016, on the file of the 2nd respondent herein, made in Memo No.433/BCDFGISSSV/2016 quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Puzhal, Chennai. For Petitioner : Mr.T.V.Somasundaram For Respondents :Mr.V.M.R.Rajentren, APP

ORDER

(Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to call for the records relating to detention order, dated 15.4.2016, passed in BCDFGISSSV No.433 of 2016, by the detaining authority, who has been arrayed as the second respondent herein, against the detenu, by name Saravanan, son of Kutty, and quash the same.

2. The learned Additional Public Prosecutor has submitted that the detention order in question has been revoked by the Government of Tamil Nadu, by virtue of G.O.Rt.No.2884, dated 30.06.2016, and a copy of the same is produced for perusal and the same has been perused and found that the detention order in question has already been quashed by virtue of G.O.Rt.No.2884, dated 30.06.2016 and therefore, the relief sought in the petition has become infructuous.

In fine this Habeas Corpus Petition is dismissed. (A.S.J.) (P.K.J.) 29.09.2016 Index:Yes/no msk To

1. The Secretary Home, Prohibition and Excise Department, Fort St.George, Chennai 9 2.The Commissioner of Police, The Commissioner Office, Vepery, Chennai-600 007 3.The Superintendent of Police, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras

A.SELVAM,J.

AND P.KALAIYARASAN,J msk H.C.P.No.952 of 2016 29.09.2016