Alagar v. The Additional Chief Secretary To Government

H.C.P.(MD) No.763 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.763 of 2020 Alagar ... Petitioner -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 Theni District, Theni 3.The Superintendent of Prison Madurai Central Prison Madurai District ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the Respondent No.2 in Detention Order No.41/2020, dated 14.09.2020 and quash the same and direct the respondents to produce the body or person of the detenu by name Alagar, son of Mariyappan, aged about 38 years, now confining as "Sand Offender" at Madurai 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.) This habeas corpus petition has been filed by the detenu, namely, Alagar, son of Mariyappan, aged about 38 years, challenging the detention order No.41/2020, dated 14.09.2020, passed by the second respondent, branding him as "Sand Offender" as contemplated under Section 2(gg) of Tamil Nadu Act 14 of 1982.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor for the respondents, by producing a copy of G.O.Rt.No.4789, Home, Prohibition & Excise (XI) Department, dated 06.11.2020, would state that the impugned detention order has been revoked.

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H.C.P.(MD) No.763 of 2020

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

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) 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.

krk 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, Theni District, Theni.

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

4.The Joint Secretary to Government, Public (Law &Order) Fort St.Goerge, Chennai 600 009 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-4818[F] dated 05/02/2020 ) H.C.P.(MD) No.763 of 2020 02.12.2020 MR(CO) KB(14.12.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2