Shenbagavel v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Shenbagavel ... Petitioner -vs1.State of Tamil Nadu Rep. by the Principal Secretary to Government, Home, Prohibition and Excise Department, Fort. St. George, Chennai - 600 009.

2.The District Collector and 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 to call for the records connected with the detention order passed in H.S(M) Confdl No.13/2020 dated 14.02.2020 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely, the petitioner's son i.e., Ponnudurai aged about 20 years, S/o Shenbagavel, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty by producing him before this Court.

For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed the habeas corpus petition seeking to quash the proceedings of the second respondent in H.S(M) Confdl 1/3

No.13/2020 dated 14.02.2020 branding the detenu viz., his son, Ponnudurai S/o Shenbagavel aged about 20 years, as a "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act, 14 of 1982, detained him at the Central Prison, Palayamkottai and to set him at liberty.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents, by producing a copy of G.O.Rt.No.1816, Home, Prohibition & Excise (XII) Department, dated 21.04.2020, would state that the impugned detention order has been revoked.

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

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Skn 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 Principal Secretary to Government, Home, Prohibition and Excise Department, Fort. St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

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

2/3

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

21.08.2020 VB (09.09.2020) 3P 6C 3/3