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Madras High CourtHCP(MD)/1343/2021dismissed as infructuous

Arunachalam v. The Additional Chief Secretary To Government

2022-02-18Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1343 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1343 of 2021 Arunachalam ... Petitioner / Father of the Detenu Vs.

1.The State of Tamil Nadu, Represented by its 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, calling for the records relating to the detention order passed in M.H.S.Confdl.No.100 of 2021, dated 30.07.2021 on the file of the second respondent and quash the same and direct the respondents to produce the detenu or body of the detenu, namely, the petitioner's son i.e., Ramaiah, aged about 25 years, S/o.Arunachalam, now detained at Central Prison, Palayamkottai before this Court and set him at liberty. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the father of the detenu, namely, Ramaiah, S/o.Arunachalam, aged about 25 years. The detenu has been detained by the second respondent by his proceedings in M.H.S.Confdl.No.100 of 2021, dated 30.07.2021 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 respondents would submit that the impugned detention order https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1343 of 2021 M.H.S.Confdl.No.100 of 2021, dated 30.07.2021 has been revoked by the Advisory Board. Hence, the prayer sought for herein has become infructuous.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr 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, 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 Joint Secretary to Government, Public (Law &Order) Fort St.Goerge, Chennai 600 009 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD)No.1343 of 2021 18.02.2022 NSN(CO) KB(01.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2