Marie Rosthin v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Marie Rosthin ... Petitioner/mother of the detenue Vs.

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

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

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

4.The Superintendent of Central Prison, Cuddalore.

5.The Inspector of Police, Kottakuppam Police Station, Villupuram 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 of the second respondent in connection with order of detention passed in his proceedings in R.C.No.C2/64486/2023 dated 16.10.2023 directing the respondents herein to produce the detenue Thomas, S/o.Jilbart aged about 23 years, who is detained under Act 14/82, now confined in the Central Prison, Cuddalore, before this Court and set aside the detention order, and set him at liberty forthwith.

For Petitioner :

Mr.A.N.Rajan 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 mother of the detenu viz., Thomas, S/o. Jilbart aged about 23 years, detained at Central Prison, Cuddalore, has come

forward with this petition challenging the detention order passed by the second respondent dated 16.10.2023 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that the order of detention passed by the second respondent as against the petitioner herein dated 16.10.2023 has been revoked by the Government in G.O.Rt.No.6638, Home, Prohibition and Excise (XIV) Department, dated 27.11.2023 and he has also produced a copy of the said order.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] 20.02.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

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

4.The Superintendent of Central Prison, Cuddalore.

5.The Inspector of Police, Kottakuppam Police Station, Villupuram District.

6.The Public Prosecutor, High Court, Madras.

20.02.2024