Madras High CourtHCP/2462/2023dismissed as infructuous

Sugitha v. The Secretary

2024-03-13Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Sugitha ... Petitioner Vs.

1. State of Tamil Nadu Represented by the Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

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

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

4. The Superintendent of Prison, Central Prison-II, Puzhal, Chennai

5. The Inspector of Police, Tiruttani Police Station, Thiruvallur District.

... Respondents 1/5

Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Habeas Corpus, calling for the records relating to the detention order vide BCDFGISSSV No.35/2023 dated 08.11.2023, passed by the second respondent and quash the same and direct the respondents herein to produce the petitioner's son namely Sathishkumar, S/o.Murugan, aged 23 years (who is presently undergoing detention in the Central PrisonII, Puzhal) before this Hon'ble Court and set him at liberty. For petitioner : Mr.R. Sasikumar For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor Assisted by Mr.Aravind,C.

O R D E R

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner, mother of the detenu, namely Sathishkumar, aged 23 years, S/o.Murugan, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 08.11.2023 slapped on her son, branding him as "GOONDA" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

2/5

2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the son of the petitioner herein dated 08.11.2023 has been revoked by the Government in G.O. [Rt] No.7073, Home, Prohibition & Excise (XI) Department, dated 18.12.2023 and he has also produced a copy of the said order.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] 13.03.2024 bga Internet : Yes Index : Yes / No 3/5

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