Jaya v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.2994/2018 Jaya ..

Petitioner vs.

1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai 600 009.

2.The Commissioner of Police/ Detaining Authority Huzur Road, Coimbatore City, Coimbatore-18.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records, relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 14.12.2018 on the file of the second respondent herein made in proceedings Memo C.No.136/G/IS/2018, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely P.SRIDHAR, S/o.Palanisamy, aged 26 years before this Hon'ble High Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison, Coimbatore.

For Petitioner ..

Mr.W.Camyles Gandhi 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., Thiru. P.Sridhar, son of Palanisamy, aged about 26 years, has come forward with this petition challenging the detention order passed by the second respondent dated 14.12.2018 against his son http://www.judis.nic.in

M.SATHYANARAYANAN, J., AND M.NIRMAL KUMAR, J., jrs/AP branding him as a "Drug Offender" 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order of detention passed by the second respondent as against the mother of the petitioner herein dated 14.12.2018, has been revoked by the Government in G.O.Rt.No.439, Home, Prohibition & Excise [XII] Department dated 07.02.2019 and she has also produced a copy of the said order.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. [M.S.N, J.] [M.N.K., J.] 29.04.2019 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 Huzur Road, Coimbatore City, Coimbatore-18.

3.The Public Prosecutor, Madras High Court, Madras.

4.The Superintendent Central Prison, Coimbatore.

H.C.P.No.2994/2018 http://www.judis.nic.in