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Madras High CourtHCP(MD)/1118/2021dismissed as infructuous

Jerin v. The Additional Cheif Secretary To Government

2022-02-15Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1118 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1118 of 2021 Jerin ... Petitioner/ Detenu Vs.

1.State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

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, to call for the entire records connected with the Detention Order passed in H.S.(M) Confdl.No.94/2021 dated 15.07.2021 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely, Jerin S/o.Jeyakumar, aged about 23 years, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.S.Ravi, Additional Public Prosecutor.

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the detenu, namely, Jerin S/o.Jeyakumar, aged about 23 years. The detenu has been detained by the second respondent by his proceedings in H.S.(M)Confdl. No.94/2021 dated 15.07.2021 holding him to be a "Goonda", as contemplated under https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1118 of 2021 Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. The learned Additional Public Prosecutor appearing for the respondent, by producing a copy of G.O.Rt.No.4405, Home, Prohibition & Excise (XII) Department, dated 27.09.2021, would state that the impugned detention order has been revoked and hence, the prayer sought for in this Habeas Corpus Petition has become infructuous.

3. Recording the same, this Habeas Corpus Petition is dismissed as having become infructuous.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) rm 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, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

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

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

H.C.P.(MD)No.1118 of 2021 15.02.2022 RD(25.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2