Manikandan v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Manikandan, Son of Subramanian, North Street, Sivaramalingapuam, Sivagiri,Sivagiri Taluk, Tenkasi District, now confined at The Central Prison, Palayamkottai, Tirunelveli District.

... Petitioner/Detenu -vs1.The State of Tamil Nadu, represented by the Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009 2.The District Collector and the District Magistrate Tenkasi District Tenkasi.

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 calling for the entire records connected with the detention order passed in M.H.S.Confdl.No.38 of 2021, dated 13.07.2021, on lthe file of the second respondent and to quash the same and to direct the respondents to produce the detenu or body of the detenu namely, Manikandan, aged about 27 years, son of Subramanian,now detained at the Central Prison, Palayamkottai before this Court and set him at liberty.

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For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.S.Ravi Addl.Public Prosecutor

O R D E R

R.SUBRAMANIAN,J AND N.SATHISH KUMAR,J This habeas corpus petition has been filed by the detenu, namely, Manikandan, aged about 27 years, son of Subramanian,aged about 27 years, challenging the detention order in M.H.S.Confdl.No.38 of 2021, dated 13.07.2021, passed by the second respondent, branding him as "Goonda" as contemplated under Section 2 (f) of Tamil Nadu Act 14 of 1982.

2.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, by producing a copy of G.O.Rt.No.3950, Home, Prohibition & Excise (XIV) Department, dated 31.08.2021, would state that the impugned detention order has been revoked by the Advisory Board and hence this Court is of the view that nothing survives for adjudication in this Habeas Corpus Petition.

3. In view of the same, the Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) vsn 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.

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To:

1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department Secretariat, Chennai-600 009 2.The District Collector and the District Magistrate Tenkasi District Tenkasi.

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

4.The Joint Secretary to Government, Public(Law & Order), Fort St.George, Chennai-9.

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

22.02.2022 RK(03/03/2022) 3P 6C 3/3