Mogana v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.2631/2018 Mogana ..

Petitioner/Mother of detenue vs.

1.State of Tamil Nadu rep.by the Secretary to Government, Prohibition and Excise Department Fort St George, Chennai 600 009.

2.The Commissioner of Police Greater Chennai, O/o.The Commissioner of Police [Goondas Section], Vepery Chennai 600 007.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records relating to the detention order dated 24.10.2018 passed by the 2nd respondent in BCDFGISSSV No.969/2018 and quash the same and direct the respondents herein to produce the petitioner's son Gopinath, son of Kumar, aged 22 years, No.1/597, Jothi Nagar, 9th Street, Padinallur, Redhills, Chennai52, who is presently undergoing detention in the Central prison, Puzhal, before this Court and set him at liberty forthwith. For Petitioner .. Mr.P.Chandra Sekar For Respondents.. Mr.C.Iyyappa Raj, APP

ORDER

(Order of the Court was made by M.SATHYANARAYANAN, J) Petitioner, mother of the detenu herein, viz., Gopinath, son of Kumar, aged about 22 years, has come forward with this petition challenging the detention order passed by the second respondent dated 24.10.2018 against her 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]. https://hcservices.ecourts.gov.in/hcservices/

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order of detention passed by the second respondent as against the son of the petitioner herein dated 24.10.2018, has been revoked by the Government in G.O.Rt.No.5574, Home, Prohibition & Excise [X] Department dated 21.12.2018 and he has also produced a copy of the said order.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 //True Copy// Sub Assistant Registrar AP To 1.The Secretary to the Government, State of Tamil Nadu Prohibition and Excise Department Fort St George, Chennai 600 009.

2.The Commissioner of Police Greater Chennai, O/o.The Commissioner of Police [Goondas Section], Vepery, Chennai 600 007.

3.The Public Prosecutor, Madras High Court, Madras. 4.The Superintendent, Central Prison, Puzhal, Chennai.

5. The Secretary to Government, (Law & Order) Fort St.George, Chennai-9 H.C.P.No.2631/2018 nr 03/04/2019 https://hcservices.ecourts.gov.in/hcservices/