Madras High CourtHCP/2106/2023dismissed as infructuous

Thilagam v. The Secretary To Government,

2024-02-08Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.02.2024 CORAM :

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

1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai 600 009.

2. The Commissioner of Police, Avadi City, Office of the Commissioner of Police, (Goonda Section), Avadi, Chennai 600 054.

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

4. State represented by its The Inspector of Police, Sevvappet Police Station, Thiruvallur District.

... Respondents 1/5

Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Habeas Corpus, calling for the entire records relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 05.10.2023 on the file of the second respondent herein made in proceedings Memo No.212/BCDFGISSSV/2023, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely Sunil @ Ezhilarasan, S/o. Suresh, aged 24 years before this Hon'ble Court and set him at liberty from detention, now the petitioner's son detained at Central Prison, Puzhal, Chennai.

For petitioner : Mr.R.Sasikumar For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor Assisted by Mr.Aravind,C.

O R D E R

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner, mother of the detenu, namely Sunil @ Ezhilarasan, S/o.Suresh, aged 24 years , has come forward with this petition challenging the detention order passed by the 2nd respondent dated 05.10.2023 slapped on her son, branding him as "GOONDA" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

2/5

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the order of detention passed by the second respondent as against the son of the petitioner herein dated 05.10.2023 has been revoked by the Government in G.O. [Rt] No.6576, Home, Prohibition & Excise (XIII) Department, dated 22.11.2023 and he has also produced a copy of the said order.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] 08.02.2024 bga Internet : Yes Index : Yes / No 3/5