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Madras High CourtHCP/2119/2018closed

Shanmugam, Aged 55 Years v. State Of Tamil Nadu

2018-10-31Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2018

CORAM

THE HONOURABLE Mr. JUSTICE C.T.SELVAM AND THE HONOURABLE Mr. JUSTICE M.NIRMAL KUMAR H.C.P. No. 2119 of 2018 Shanmugam ...Petitioner(Father of the Detenue) Vs 1.State of Tamil Nadu, Represented by its Secretary, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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

3.The Inspector of Police, Villupuram West Police Circle, Villupuram, Villupuram District. ...Respondents PRAYER:Habeas Corpus Petition under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, or any other appropriate Writ, or order, or direction, in the nature of the Writ calling for the records of the detention dated 09.08.2018 in detention order Memo No.C2/23073/2018 on the file of the Second Respondent herein, and quash the same and direct the Respondents herein to produce the body of the detenue Silambarasan @ Paana Silambarasan, S/o.Shanmugam, Hindu aged about 27 years, who is now confined in Central Prison Cuddalore before the Hon'ble Court, and set him at liberty. For Petitioner : Mr.R.Thamarai Selvan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

[Order of the Court was made by C.T.SELVAM, J.] The petitioner, who is the father of the detenu herein, viz., Silambarasan alias Panna Silambarasan son of Shanmugam, aged 27 years, has come forward with this petition challenging https://hcservices.ecourts.gov.in/hcservices/

the detention order passed by the second respondent by his order in No.C2/23073/2018, dated 9.08.2018 against his son branding him as a "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the order of detention passed by the second respondent as against the son of the petitioner herein dated 09.08.2018 has been revoked by the Government in G.O.Rt.No.4098, Home, Prohibition & Excise [X] Department dated 28.09.2018 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition is closed as the same has become infructuous.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vsi2 To 1.The Secretary, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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

3.The Inspector of Police, Villupuram West Police Circle, Villupuram,Villupuram District.

4.The Public Prosecutor, High Court, Madras - 104.

5.The Superintendent, Central Prison, Cuddalore.

H.C.P. No. 2119 of 2018 VGI(CO) rrs 2/12/2018 https://hcservices.ecourts.gov.in/hcservices/