D.Sivakumar v. The Secretary, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2019

CORAM:

THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR H.C.P.No.2274 of 2018 D.Sivakumar ... Petitioner -Vs1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai.

... 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 detention passed by the second respondent dated 18.09.2018 in Memo No.847/BCDFGISSSV/2018 against the petitioner brother Nagaraj @ MC Nagaraj, male aged 38 years S/o. Mugundan, who is confined at Central Prison Puzah, Chennai and set aside the same and direct the respondents to produce the detenu before the Court and set him at liberty. For Petitioner :

Mr.S.Senthilvel For Respondents:

Mr.C.Iyyapparaj Additional Public Prosecutor ***

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] Petitioner, brother of the detenu herein, viz., Nagaraj @ MC Nagaraj S/o.Mugundan, aged about 38 years, has come forward with this petition challenging the detention order passed by the second respondent dated 18.09.2018 against his 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 https://hcservices.ecourts.gov.in/hcservices/

against the brother of the petitioner herein dated 18.09.2018, has been revoked by the Government in G.O.Rt.No.4895, Home, Prohibition & Excise [X] Department dated 07.11.2018 and he has also produced a copy of the said order.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 petition is closed as the same has become infructuous.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ah To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai.

3.The Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Prison, Puzhal, Chennai.

H.C.P.No.2274 of 2018 RK(CO) RRS(09/04/2019) https://hcservices.ecourts.gov.in/hcservices/