Shakila v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2019

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.2188 of 2018 Shakila W/o.Sampathkumar ... Petitioner -Vs1.The State of Tamil Nadu rep.by Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

3.The Inspector of Police, T-13, Kundrathur Police Station, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records relating to the Detention Order passed by the second respondent in BCDFGISSSV No.557/2018 dated 20.07.2018 and to quash the same and direct the Respondents to produce the person or body of the detenu, Mr.Vijayakumar @ Viji @ Radio Viji, S/o.Thulasingam, aged about 36 years, before this Hon'ble Court and set him at liberty now detained at Central Prison, Puzhal, Chennai-600 066.

For Petitioner :

Mr.V.Logeswaren 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 sister of the detenu herein, viz., Vijayakumar @ Viji @ Radio Viji, son of Thulasingam, https://hcservices.ecourts.gov.in/hcservices/

aged 36 years, has come forward with this petition challenging the detention order passed by the second respondent by his order in No.557/BCDFGISSSV/2018, dated 20.07.2018 against her brother 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order of detention passed by the second respondent as against the brother of the petitioner herein dated 20.07.2018 has been revoked by the Government in G.O.Rt.No.4132, Home, Prohibition & Excise [XIII] Department dated 28.09.2018 and he has also produced a copy of the said order.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) //True Copy// Sub Assistant Registrar lpp/kmi To 1.The Secretary to the Government, Home Prohibition and Excise Department, Fort St.George,Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai 3.The Inspector of Police, T-13, Kundrathur Police Station, Chennai.

4. The Public Prosecutor, High Court, Madras.

5.The Superintendent Central Prison, Puzhal, Chennai-600 066. +1cc to Mr.V.Logeswaren, Advocate SR.No. 4363 H.C.P.No.2188 of 2018 A.SK(20/02/2019) https://hcservices.ecourts.gov.in/hcservices/