Madras High CourtHCP(MD)/164/2019dismissed as infructuous

Arumugam, v. The Principal Secretary To

2019-07-10Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.164 of 2019 Arumugam ... Petitioner Vs.

1.The Principal Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli - 9.

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

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus to call for the entire records, connected with the detention order of the respondent No.2 in M.H.S.Confdl.No.13/2019 dated 21.01.2019 and quash the same and direct the respondents to produce the detenu by name Arikrishnan, son of Anaikkarai Muthu Thevar, aged about 41 years, now detained in Palayamkottai Central Prison before this Hon'ble Court and set him at liberty forthwith. For Petitioner : Mr.R.Vinoth Bharathi For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J.) The detenu himself is the petitioner and challenging the legality of the impugned order of detention dated 21.01.2019, passed by the second respondent, under Section 3(1) 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) and branding him as 'Goonda' in M.H.S.Confdl.No.13/2019, came forward to file the present Habeas Corpus Petition.

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2. Heard the submissions of the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents, who, on instructions, would submit that the detention order dated 21.01.2019 passed by the second respondent in M.H.S.Confdl.No.13/2019 has been revoked by the first respondent vide G.O.(Rt).No.919, Home, Prohibition & Excise (XII) Department, dated 15.03.2019.

3. In view of the said development, nothing survives for adjudication in this petition.

4. In fine, this Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli - 9.

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

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

SJ H.C.P(MD)No.164 of 2019 10.07.2019 KM/(19.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/