Elavarasan v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Elavarasan ... Petitioner/Detenu -vs1.The Principal Secretary to Government State of Tamilnadu, Home, Prohibition and Excise Department Fort St.George, Chennai-600 009 2.The Commissioner of Police, Office of the Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

3.The Superintendent of Prison Tiruchirappalli 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 entire records, connected with the detention order of the respondent No.2 in C.No.25/Detention/C.P.O/T.C/2020,dated 21.09.2020 and to quash the same and to direct the respondents to produce the body or person of the detenu by name Elavarasan, son of Sadhasivam, aged about 27 years, now confining as ''GOONDA'' at Tiruchirappalli 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, Elavarasan, son of Sadhasivam, aged about 27 1/3

years, challenging the detention order in C.No.25/Detention/C.P.O/T.C/2020,dated 21.09.2020, 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, 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.5009, Home, Prohibition & Excise (XII) Department, dated 17.11.2020, would state that the impugned detention order has been revoked.

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

Sd/- Assistant Registrar (AE) // True Copy // / /2020 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.

To:

1.The Principal Secretary to Government State of Tamilnadu, Home, Prohibition and Excise Department Fort St.George, Chennai-600 009 2.The Commissioner of Police, Office of the Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

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

4.The Joint Secretary to Government, Public(Law and Order)Department, Fort.St.George, Chennai.

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

ORDER MADE IN 07.12.2020 MA(CO) KM (16.12.2020) 3P 6C 3/3