Naseer Basha v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024 CORAM :

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

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

2.The District Collector and District Magistrate of Tirupathur District, Tirupathur.

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

4.The Inspector of Police, Vaniyambadi Town Police Station, Tirupathur District.

5.The Superintendent, Central Prison, Vellore.

... 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, relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 09.11.2023 on the file of the second respondent herein made in proceedings C3/D.O.No.30/2023 and quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's son namely Naveeth, aged 29 years, son of Naseer Basha, before this Court and set him at liberty, now the petitioner's son is detained at Central Prison, Vellore.

For Petitioner :

Mr.C.C.Chellappan 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., Naveeth, aged 29 years, son of Naseer Basha, detained at Central Prison, Vellore, has come forward with this petition challenging the detention order passed by the second respondent dated 09.11.2023 slapped on his 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that the order of detention passed by the second respondent as against the petitioner's son, dated 09.11.2023 has been revoked by the Government in G.O.Rt.No.7096, Home, Prohibition and Excise (IX) Department, dated 18.12.2023 and he has also produced a copy of the said order.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] 14.03.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector and District Magistrate of Tirupathur District, Tirupathur.

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

4.The Inspector of Police, Vaniyambadi Town Police Station, Tirupathur District.

5.The Superintendent, Central Prison, Vellore.

6.The Public Prosecutor, High Court, Madras.

14.03.2024