B.Stella v. The Additional Chief Secretary To Government

H.C.P.(MD) No.1142 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1142 of 2021 B.Stella ... Petitioner/ Mother of Detenu Vs.

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

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

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 M.H.S.Confdl.No.95/2021 dated 27.07.2021 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, the petitioner's son i.e. Irudhayadeepan S/o.Benzikar, aged about 31 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.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the mother of the detenu, namely, Irudhayadeepan S/o.Benzikar, aged about 31 years. The detenu has https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1142 of 2021 been detained by the second respondent by his proceedings in M.H.S.Confdl. No.95/2021 dated 27.07.2021 holding him to be a "Goonda", as contemplated under 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.5047, Home, Prohibition & Excise (XIV) Department, dated 28.10.2021, would state that the impugned detention order has been revoked and hence, the prayer sought for in this Habeas Corpus Petition has become infructuous.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 (AD-I) // True Copy // / /2022 Sub Assistant Registrar 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, ut, 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, Tirunelveli District,Tirunelveli.

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

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

H.C.P.(MD)No.1142 of 2021 07.03.2022 rm MS/17.03.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2