Sopna v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024 CORAM :

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

1.State of Tamilnadu, Rep. by the Additional Chief Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai-600009.

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

3.The Inspector of Police, G-5, Secretariat Colony Police Station, Chennai.

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

... 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 in Memo No.532/BCDFGISSSV/2023, dated 02.11.2023 passed by the second respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's son viz., Udhayasankar, S/o.Senthilkumar, aged about 22 years, the detenue, now confined in Central Prison, Chennai before this Court and set the petitioner's son at liberty.

For Petitioner :

Mr.R.Muthukumar 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., Udhayasankar, S/o.Senthilkumar, aged about 22 years, confined at Central Prison, Chennai, has come forward with this petition challenging the detention order passed by the second respondent dated 02.11.2023 slapped on her 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that the order of detention passed by the second respondent as against the petitioner's son, dated 02.11.2023 has been revoked by the Government in G.O.Rt.No.6977, Home, Prohibition and Excise (XIII) Department, dated 13.12.2023 and he has also produced a copy of the said order.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] 08.03.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Additional Chief Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai-600009.

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

3.The Inspector of Police, G-5, Secretariat Colony Police Station, Chennai.

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

6.The Public Prosecutor, High Court, Madras.

08.03.2024