Shankari v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024 CORAM :

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

1.The State of Tamilnadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-9.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai-600 066.

4.Inspector of Police, E-1 Mylapore 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, to call for the

entire records leading to the detention of the petitioner's husband Seenivasan, son of Deenadayalan, Male, aged about 42 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 13.10.2023, made in Memo.No.474/BCDFGISSSV/2023 by the Commissioner of Police, Greater Chennai and quash the same, and consequently, direct the respondents herein to produce the body and person of the said detenue before this Court and thereafter, set him at liberty from the Central Prison, Puzhal, Chennai. For Petitioner :

Mr.M.Rajavelu 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 is the wife of the detenu viz., Seenivasan, son of Deenadayalan, aged about 42 years, detained at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent dated 13.10.2023 slapped on him, 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that the order of detention passed by the second respondent as against the petitioner herein dated 13.10.2023 has been revoked by the Government in G.O.Rt.No.6675, Home, Prohibition and Excise (XIII) Department, dated 28.11.2023 and he has also produced a copy of the said order.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] 16.02.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-9.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai-600 066.

4.Inspector of Police, E-1 Mylapore Police Station, Chennai.

6.The Public Prosecutor, High Court, Madras.

16.02.2024