Kanmani v. The Commissioner Of Police Commissioner Office Greater Chennai, Vepery Ch.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2019

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.2222 of 2018 Kanmani

...Petitioner

-Vs1.The Commissioner of Police, Commissionr Office, Greater Chennai, Vepery, Chennai - 7.

2.The Secretary to Government of Tamil Nadu, Prohibition & Excise Department, (Home), Secretariat, Fort St.George, Chennai - 600 009.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records in connection with the order of of first respondent dated 30.08.2018 in Memo No.776/BCDFGISSSV/2018, Balaji @ Kakkathoppu Balaji, son of Ramalingam, aged about 38 years as a Goonda under Tamil Nadu Act 14 of 82 and set aside the same and direct the respondent to produce the body of the said detenu named, Balaji @ Kakkathoppu Balaji, son of Ramalingam, now lodged in Central Prison, Cuddalore, before this Hon'ble Court and set him at liberty.

For Petitioner :

Mr.P.Prince Premkumar For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by C.T.SELVAM, J.] The petitioner, who is the mother of the detenu herein, viz., Balaji @ Kakkathopu Balaji, son of Ramalingam, aged 38 years, has come forward with this petition challenging the detention order passed by the first respondent by his order in No.776/BCDFGISSSV/2018, dated 30.08.2018 against her son branding him as a "GOONDA" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest https://hcservices.ecourts.gov.in/hcservices/

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the order of detention passed by the first respondent as against the son of the petitioner herein dated 30.08.2018 has been revoked by the Government in G.O.Rt.No.4531, Home, Prohibition & Excise [X] Department dated 15.10.2018 and he has also produced a copy of the said order.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.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar kkn To 1.The Commissioner of Police, Commissionr Office, Greater Chennai, Vepery, Chennai - 7.

2.The Secretary to Government of Tamil Nadu, Prohibition & Excise Department, (Home), Secretariat, Fort St.George, Chennai - 600 009.

3.The Public Prosecutor, High Court, Madras.

4. The Superintendent Central Prison Cuddalore.

5.The Joint Secretary to Government Public (Law and order) Fort. St. George Chennai 9.

H.C.P.No.2222 of 2018 PA(CO) SP(20/02/2019) https://hcservices.ecourts.gov.in/hcservices/