Jothimani v. Home Prohibition And Excise Depat 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.2223 of 2018 Jothimani

...Petitioner

-Vs1. The State of Tamil Nadu, rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.

2. The Commissioner of Police, Salem City.

3. The Superintendent, Central Prison, Salem - 7.

... 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 of my husband Gubendran, aged 58 years, son of Krishnasamy Naidu, 102/42, Periya Kinaru Street, Ammapet, Salem City, presently detained in Central Prison, Salem, under Act 14/1982, as a "Goonda" vide the detention order dated 18.09.2018 in C.M.P.No.65/Goonda/Salem City/2018 on the file of the 2nd respondent herein, directing to produce the person or body of the detenu before this Hon'be Court and thereafter set him at liberty from the Central Prison, Salem. For Petitioner :

Mr.B.Vasudevan 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 wife of the detenu herein, viz., Gubendiran, son of Krishnasamy Naidu, aged 58 years, has come forward with this petition challenging the detention order https://hcservices.ecourts.gov.in/hcservices/

passed by the second respondent by his order in C.M.P.No.65/Goonda/Salem City/2018, dated 18.09.2018 against her husband 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 18.09.2018 has been revoked by the Government in G.O.Rt.No.4928, Home, Prohibition & Excise [XIV] Department dated 07.11.2018 and he has also produced a copy of the said order.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(CS-I) True Copy Sub-Assistant Registrar kkn To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.

2.The Commissioner of Police, Salem City.

3.The Superintendent, Central Prison, Salem - 7.

4.The Public Prosecutor, High Court, Madras.

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

H.C.P.No.2223 of 2018 PP(CO) SP(20/02/2019) https://hcservices.ecourts.gov.in/hcservices/