Malathi v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Malathi ... Petitioner/Mother of the Detenue -vs1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Nagapattinam District, Nagapattinam.

3.The Superintendent of Prison, Trichy Central Prison, Trichy District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus to call for the entire records connected with the detention order of the Respondent No.2 in C.O.C.No.25/2020 dated 09.07.2020 and quash the same and direct the respondents to produce the body or person of the detenu by name Sivaranjan, son of Soundararajan, aged about 27 years, now confining at Trichy Central Prison before this Court and set him at liberty forthwith.

For Petitioner :

Mr.R.Alagumani For Respondents :

Mr.K.Dinesh Babu 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 C.O.C.No.25/2020 1/3

dated 09.07.2020, branding the detenu viz., his son, Sivaranjan, Son of Soundararajan, aged about 27 years, as a "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act, 14 of 1982, detained him at the Trichy Central Prison 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.3630, Home, Prohibition & Excise (XV) Department, dated 04.09.2020, would state that the impugned detention order has been revoked.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 Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Nagapattinam District, Nagapattinam.

3.The Superintendent of Prison, Trichy Central Prison, Trichy District.

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.

08.10.2020 sj(CO) TR(19.10.2020) 3P 6C 3/3