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Madras High CourtHCP/1637/2023dismissed as infructuous

Selvarani v. The Secretary To Government,

2023-12-18Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2023 CORAM :

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

1.The Secretary to the Government Home, Prohibition and Excise [XVI] Department Fort St George, Secretariat, Chennai 600 009. 2.The Commissioner of Police O/o.The Commissioner of Police, Salem City.

3.The Superintendent of Prison Central Prison at Salem.

4.The Inspector of Police Annadanapatty Police Station Salem District.

... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, calling for the records in detention order in No.CMP.NO.76/Goonda/Salem City/2023 dated 31.07.2023 on the file of

the 2nd respondent and set aside the same and direct the respondents herein to produce the body of the petitioner's son/detenu Arun Kumar son of Kanniyan aged 28 years now confined in Central Prison at Salem District before this Court and set him at liberty.

For Petitioner : Mrs.R.Subhadra Devi For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind.C

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, mother of the detenu, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 31.07.2023 slapped on her son, branding him as "Goonda" under the 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submit that the order of detention passed by the second respondent as against the detenu herein dated 31.07.2023 has been revoked by the Government in G.O. [Rt] No.4886, Home, Prohibition & Excise [XIV] Department dated 07.09.2023 and he has also produced a copy of the said order.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 having become infructuous. [S.S.S.R., J.] [S.M, J.] 18.12.2023 mkn Internet : Yes To 1.The Secretary to the Government Home, Prohibition and Excise [XVI] Department Fort St George, Secretariat, Chennai 600 009. 2.The Commissioner of Police O/o.The Commissioner of Police, Salem City.

3.The Superintendent of Prison Central Prison at Salem.

4.The Inspector of Police Annadanapatty Police Station Salem District.

5.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., mkn 18.12.2023