Malaiyappan v. State Of Tamil Nadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Malaiyappan ... Petitioner Vs.

1. The State of Tamilnadu, Rep. by the Secretary Home Prohibition and Excise Department, Fort St. George, Chennai 600 009.

2. The District Magistrate-cum-District Collector, Namakkal District, Namakkal.

3. The Superintendent of Police, Namakkal District, Namakkal.

4. The Superintendent of Prison, Central Prison Salem.

5. The Inspector of Police, Pduchahtram Police Station, Namakkal District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus to call for the records relating to the detention order in CMP.No.17/Goonda/2023 [M1] dated 03.09.2023 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce petitioner's son Aravind aged about 27 years the detenue, now confined in Central Prison, Salem before this Court and set him at liberty. For Petitioner :

Mr.M.Subash 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 M.S.RAMESH, J.) The petitioner, father of the detenu, namely Aravind, S/o.Malaiyappan, aged 27 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 03.09.2023 slapped on her son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual 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the order of detention passed by the second respondent as against the son of the petitioner herein dated 03.09.2023 has been revoked by the Government in G.O. [Rt] No.5705, Home, Prohibition & Excise (XIV) Department, dated 11.10.2023 and he has also produced a copy of the said order.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. [M.S.R., J] [S.M., J] 05.01.2024 pvs Internet : Yes Index : Yes / No

To

1. The Secretary Home Prohibition and Excise Department, The State of Tamilnadu, Fort St. George, Chennai 600 009.

2. The District Magistrate-cum-District Collector, Namakkal District, Namakkal.

3. The Superintendent of Police, Namakkal District, Namakkal.

4. The Superintendent of Prison, Central Prison Salem.

5. The Inspector of Police, Pduchahtram Police Station, Namakkal District.

6.The Public Prosecutor, High Court, Madras.

M.S.RAMESH , J.

and SUNDER MOHAN, J.

pvs 05.01.2024