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Madras High CourtHCP(MD)/819/2020closed

Kalaimani v. The Principal Secretary To The Government

2020-12-08Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Kalaimani ... Petitioner/Father of the detenu -vs1.The Principal Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the records pertaining to the impugned detention order passed by the second respondent in his proceedings in C.No.27/Detention/C.P.O/T.C/2020 dated 24.09.2020 detaining the detenue under Section 2(f) of the Tamil Nadu Act 14 of 1982 as a Goonda and quash the same and direct the respondents to produce the detenu namely, Sathishkumar, S/o Kalaimani, Male, aged about 30 years, who is detained in Central Prison, Tiruchirappalli before this Court and set him at liberty.

For Petitioner :

Mr.K.M.Karunakaran 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 Detention Order in C.No.27/Detention/C.P.O/T.C/2020 dated 1/3

24.09.2020 branding the detenu viz., his son Sathishkumar son of Kalaimani, aged about 30 years, as a "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act, 14 of 1982, detained him at the Central Prison, Tiruchirappalli 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.5008, Home, Prohibition & Excise (XII) Department, dated 17.11.2020, would state that the impugned detention order has been revoked.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-III) // 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 Principal Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli.

2/3

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

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

08.12.2020 DKS(CO) KM (22.12.2020) 3P 5C 3/3