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Madras High CourtHCP/2236/2023dismissed as infructuous

Nagarajan v. The State Of Tamil Nadu Rep.By

2024-02-13Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Nagarajan ... Petitioner/father of the detenue Vs.

1.The State of Tamil nadu, Represented by Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2.The District Collector and District Magistrate, Mayiladuthurai District, Mayiladuthurai.

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

4.The Superintendent of Prison, Central Prison, Thiruchirappali.

5.The Inspector of Police, Pudhupttinam Police Station, Mayiladuthurai 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 dated 07.10.2023 passed by the second respondent in his proceedings No.C.O.C.No.47 of 2023 and quash the same and direct the respondents herein to produce the petitoner's son namely Raja @ Rajarajan, son of Nagarajan, aged about 32 years, who is presently under going detention in the Central Prison, Thiruchirappali as GOONDA before this Court and set him at liberty forthwith. For Petitioner :

Mr.M.Vinoth 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 father of the detenu viz., Raja @ Rajarajan, son of Nagarajan, aged about 32 years, who is presently under going detention in the Central Prison, Thiruchirappali, has come forward with this petition challenging the detention order passed by the second respondent dated 07.10.2023 slapped on his 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that the order of detention passed by the second respondent as against the petitioner's son, dated 07.10.2023 has been revoked by the Government in G.O.Rt.No.6534, Home, Prohibition and Excise (XV) Department, dated 22.11.2023 and he has also produced a copy of the said order.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] 13.02.2024 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-600 009.

2.The District Collector and District Magistrate, Mayiladuthurai District, Mayiladuthurai.

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

4.The Superintendent of Prison, Central Prison, Thiruchirappali.

5.The Inspector of Police, Pudhupttinam Police Station, Mayiladuthurai District.

6.The Public Prosecutor, High Court, Madras.

13.02.2024