Dominic Xavier v. The Additional Chief Secretary To Government

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 Dominie Xavier ... Petitioner Vs.

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (XVI) Dept., Fort St.George, Secretariat, Chennai-600 009.

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

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

4.The 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 records in Detention order No.472/BCDFGISSSV/2023, dated 13.10.2023 on the file of the second respondent and set aside the same and direct the respondents herein to produce the body of the petitioner/detenue Dominie Xavier, S/o.Lourdusamy, aged 39 years, now confined at Central Prison, Puzhal before this Court and set him at liberty. For Petitioner :

Mr.R.Subra Devi 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 herein is the detenu viz., Dominie Xavier, S/o.Lourdusamy, aged about 39 years, confined at Central Prison, Puzhal, 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that the order of detention passed by the second respondent as against the petitioner herein dated 13.10.2023 has been revoked by the Government in G.O.Rt.No.6674, Home, Prohibition and Excise (XIII) Department, dated 28.11.2023 and he has also produced a copy of the said order.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 Additional Chief Secretary to Government, Home, Prohibition and Excise (XVI) Dept., Fort St.George, Secretariat, Chennai-600 009.

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

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

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

6.The Public Prosecutor, High Court, Madras.

16.02.2024