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Madras High CourtHCP/2298/2023dismissed as infructuous

Mariyappan v. State Of Tamilnadu Rep.By

2024-02-20Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

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 Mariyappan ... Petitioner/father of the detenue Vs.

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

2.The District Collector and District Magistrate of Mayiladuthurai District, Office of the District Collector and District Magistrate, Mayiladuthurai District, Mayiladuthurai.

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

4.The Superintendent of Prison, Central Prison, Thiruchirappalli, Thiruchirappalli District.

5.The Inspector of Police, Pudhupattinam 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 in C.O.C.No.49/2023, dated 16.10.2023 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 Manikandan, S/o.Mariyappan, aged about 23 years, the detenue, now confined at Central Prison, Thiruchirappalli before this Court and set him at liberty.

For Petitioner :

Mr.R.Srinivasa Rao 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., Manikandan, S/o.Mariyappan, aged about 23 years, confined at Central Prison, Thiruchirappalli, has come forward with this petition challenging the detention order passed by the second respondent dated 15.10.2023 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that the order of detention passed by the second respondent as against the petitioner herein dated 16.10.2023 has been revoked by the Government in G.O.Rt.No.6692, Home, Prohibition and Excise (XV) Department, dated 28.11.2023 and he has also produced a copy of the said order.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] 20.02.2024 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 Department, Fort St.George, Chennai-600009.

2.The District Collector and District Magistrate of Mayiladuthurai District, Office of the District Collector and District Magistrate, Mayiladuthurai District, Mayiladuthurai.

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

4.The Superintendent of Prison, Central Prison, Thiruchirappalli, Thiruchirappalli District.

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

6.The Public Prosecutor, High Court, Madras.

20.02.2024