Moorthi v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.514 of 2019 Moorthi ... Petitioner Vs.

1.State of Tamilnadu, 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, O/o. The District Collector and District Magistrate, Sivagangai District, Sivagangai.

3.The Superintendent of Prison, Central Prison, Tiruchirappalli.

... Respondents Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, calling for the entire records, connected with the detention order of respondent No.2 in Cr.M.P.No.13/Goonda/2019 dated 31.05.2019 and quash the same and direct the respondents to produce the body or person of the detenu by name Moorthi, Son of Paramasivam, aged about 26 years, now detained at Central Prison, Tiruchirappalli, before this Court and set him at liberty forthwith.

For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor *****

O R D E R

(Order of the Court was made by M.SATHYANARAYANAN, J.) The detenu himself is the petitioner herein and challenging the impugned order of detention dated 31.05.2019 passed by the second respondent, branding him as a Goonda under the provisions of Section 3[1] of the Tamil Nadu Prevention of Dangerous Activities of Boot leggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand https://hcservices.ecourts.gov.in/hcservices/

Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982), has filed the present habeas corpus petition.

2. When the matter is taken up for hearing today, the learned counsel on either side, in unison, submitted that the order of detention has been revoked by the Government. A copy of the Government Order in G.O.Rt.No.2455, Home, Prohibition & Excise (IX) Department, dated 10.07.2019, revoking the impugned order of detention, has also been produced before this Court.

3. In view of the aforesaid development, this habeas corpus petition is dismissed as infructuous.

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

2.The District Collector and District Magistrate, O/o. The District Collector and District Magistrate, Sivagangai District, Sivagangai.

3.The Superintendent of Prison, Central Prison, Tiruchirappalli.

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

5.The Joint Secretary to Government, Public (Law and Order), Fort Saint George, Chennai -09.

H.C.P(MD)No.514 of 2019 24.07.2019 CS(07.08.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/