M.Helan v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Helan ... Petitioner/Mother of the detenu -vs1.The State of Tamil Nadu, represented by the Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat,Chennai-600 009 2.The District Collector and the District Magistrate Thoothukudi District, Thoothukudi.

3.The Superintendent of Prison Central Prison, Palayamkottai, Tirunelveli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the entire records, connected with the detention order passed in H.S(M) Confdl.No.128 of 2020, dated 30.12.2020, on the file of the second respondent herein and to quash the same and to direct the respondents to produce the detenu or body of the detenu namely, the Petitioner's son ie.,Saravanan @ Sappathi, aged about 23 years, son of Madasamy, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith. For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.S.Ravi Standing Counsel for the State

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed by the mother of the detenu, namely, Saravanan @ Sappathi, son of Madasamy,aged about 23 years, challenging the detention order in H.S(M)Confdl.No.128 of 2020, dated 30.12.2020, passed by the second respondent, branding him as "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982.

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2. When the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Standing Counsel for the State/respondents, by producing a copy of G.O.Rt.No.1000, Home, Prohibition & Excise (XII) Department, dated 27.02.2021, would state that the impugned detention order has been revoked.

3. Recording the above submission, the habeas corpus petition is closed.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department Secretariat,Chennai-600 009 2.The District Collector and the District Magistrate Thoothukudi District Thoothukudi.

3.The Superintendent of Prison Central Prison, Palayamkottai, Tirunelveli.

4. The Joint Secretary to Government, Public (Law & Order), Fort Saint George, Chennai 2/3

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER MADE IN 25.06.2021 SR(CO) TR(06.07.2021) 3P 6C 3/3