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Madras High CourtHCP/2447/2023dismissed as infructuous

S.Jayaraj v. The State Of Tamil Nadu Rep.By

2024-03-27Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024 CORAM :

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

1.The State of Tamil Nadu Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

4.The Superintendent of Prison, Central Prison, Tiruchirappalli-20 5.The Inspector of Police, Peralam Police Station, Thiruvarur 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 entire records from the second respondent in connection with order C.O.C.No.63/2023, dated 30.11.2023 and quash the same and produce the petitioner's son namely Rajivgandhi, S/o.Jayaraj, aged 37 years, now confined at Central Prison, Tiruchirappalli under the Tamil Nadu Act 14 of 1982 before this Court and set him at liberty. For Petitioner :

Mr.P.Pugalenthi 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., Rajivgandhi, S/o.Jayaraj, aged 37 years, now confined at Central Prison, Tiruchirappalli, has come forward with this petition challenging the detention order passed by the second respondent dated 30.11.2023 slapped on his father, 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that the order of detention passed by the second respondent as against the petitioner's husband, dated 30.11.2023 has been revoked by the Government in G.O.Rt.No.354, Home, Prohibition and Excise (XV) Department, dated 19.01.2024 and he has also produced a copy of the said order.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] 27.03.2024 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, Secretariat, Chennai-600 009.

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

4.The Superintendent of Prison, Central Prison, Tiruchirappalli-20 5.The Inspector of Police, Peralam Police Station, Thiruvarur District.

6.The Public Prosecutor, High Court, Madras.

27.03.2024