Desammal v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Desammal ... Petitioner Vs.

1.State of Tamil Nadu, Represented by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai.

2.The Commissioner of Police/Detaining Authority, Greater Chennai, Chennai District.

3.Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.Inspector of Police, D5 Marina Police Station, Chennai.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus calling for the records in Connection with the order of detention passed by the 2nd respondent made in his order No.320/BCDFGISSSV/2023 dated 18.07.2023 against the petitioner's son Saleem, S/o.Ramesh, aged 21 years, who is confined at Central Prison, Puzhal, Chennai under tamil nadu act 14/1982 as Goonda and to Quash the Same and direct the respondents to produce the detenue Saleem, S/o.Ramesh, aged 21 years, before this Honble court and Set him at Liberty.

For Petitioner :

Mr.P.Thinesh For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, mother of the detenu, namely Saleem, S/o.Ramesh, aged 21 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 18.07.2023 slapped on her son,

branding him as "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 of 1982]. 2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the son of the petitioner herein dated 18.07.2023 has been revoked by the Government in G.O. [Rt] No.4973, Home, Prohibition & Excise (XIII) Department, dated 07.09.2023 and he has also produced a copy of the said order.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 the same has become infructuous. (S.S.S.R., J.) (S.M., J.) 13.12.2023 mkn Internet : Yes Index : Yes / No

To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai.

2.The Commissioner of Police/Detaining Authority, Greater Chennai, Chennai District.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.The Inspector of Police, D5 Marina Police Station, Chennai.

5.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 13.12.2023