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Madras High CourtHCP/2519/2023dismissed as infructuous

G.Madhana Gopal v. The Additional Secretary Of Government

2024-03-27Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan6 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 G.Madhana Gopal ... Petitioner/father of the detenue Vs.

1.The Additional Secretary to Government, Home, Prohibition & Excise Department, Secretariat, St. George Fort, Chennai-600 009.

2.The District Collecor and District Magistrate, Tiruvarur District, Tiruvarur.

3.The Superintendent of Police, Tiruvarur,

4.The Superintendent of Central Prison, Central Prison, Tiruchirappalli.

5.The Inspector of Police Cum Sponsoring Authority, Tiruvarur Taluk Police Station, ... 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 produce the body of the petitioner's son namely Nandha @ Veera Tamizhan, S/o.Madhanagopal, aged 28 years, who is detained in third respondent / the Superintendent, Central Prison, Tiruchirappalli, before this Court and set him at liberty forthwith by calling for the records pursuant to the detention order dated 30.11.2023 made in C.O.C.No.62/2023 on the file of the second respondent herein and quash the same.

For Petitioner :

Mr.R.Thangamani 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., Nandha @ Veera Tamizhan, S/o.Madhanagopal, aged 28 years, detained at the Superintendent, 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 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that the order of detention passed by the second respondent as against the petitioner's son, dated 30.11.2023 has been revoked by the Government in G.O.Rt.No.313, Home, Prohibition and Excise (XV) Department, dated 18.01.2024 and he has also produced a copy of the said order.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 To 1.The Additional Secretary to Government, Home, Prohibition & Excise Department, Secretariat, St. George Fort, Chennai-600 009.

2.The District Collecor and District Magistrate, Tiruvarur District, Tiruvarur.

3.The Superintendent of Police, Tiruvarur,

4.The Superintendent of Central Prison, Central Prison, Tiruchirappalli.

5.The Inspector of Police Cum Sponsoring Authority, Tiruvarur Taluk Police Station, 6.The Public Prosecutor, High Court, Madras.

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu 27.03.2024