J.Jeresh Samji v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.2949/2018 J.Jeresh Samji ..

Petitioner vs.

1.The State of Tamil Nadu rep.by it Secretary, Home, Prohibition and Excise Department Fort St. George, Chennai 600 009.

2.The Commissioner of Police/ Detaining Authority, City Police Office, Huzur Road, Coimbatore City, Coimbatore.

..

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 petitioner's brother detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 03.12.2018 on the file of the second respondent herein made in proceedings memo C.No.126/G/IS/2018 quash the same as illegal and consequently direct the respondents herein to produce the petitioner's brother namely Joel Samji, s/o.Justin Moses, age 25 years before this Court and set the petitioner's brother of liberty from detention now the petitioner's brother detained at Central prison Coimbatore.

For Petitioner .. Mr.A.Sathishkumar For Respondents.. Mr.C.Iyyappa Raj, APP

ORDER

(Order of the Court was made by M.SATHYANARAYANAN, J) Petitioner, brother of the detenu herein, viz., Joel Samji, son of Justin Moses, aged about 25 years, has come forward with this petition challenging the detention order passed by the second respondent dated 03.12.2018 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]. 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detention passed by the second respondent as against the mother in law of the petitioner herein dated 03.12.2018, has been revoked by the Government in G.O.Rt.No.434, Home, Prohibition & Excise [XII] Department dated 07.02.2019 and he has also produced a copy of the said order. 3.Recording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 VI) //True Copy// Sub Assistant Registrar jrs/AP To 1.The Secretary to Government Home, Prohibition and Excise Department Fort St. George, Chennai 600 009.

2.The Commissioner of Police/ Detaining Authority, City Police Office, Huzur Road, Coimbatore City, Coimbatore.

3.The Superintendent Central Prison, Coimbatore.

4.The Joint Secretary to Government, Public (Law & Order) Fort St.George, Chennai-9 5.The Public Prosecutor, Madras High Court, Madras.

H.C.P.No.2949/2018 nr 01/07/2019 https://hcservices.ecourts.gov.in/hcservices/