Madras High CourtHCP(MD)/1496/2021revoked

S.Nellaiyappan v. The Additional Cheif Secretary To Government

2022-02-01Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan2 pages

H.C.P.(MD) No.1496 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN H.C.P.(MD) No.1496 of 2021 S.Nellaiyappan ... Petitioner /Father of the Detenu Vs.

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

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

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

... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to call for the records connected with the detention order passed in No.41/BCDFGISSSV/2021, dated 30.08.2021 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., Esakki Subbaiah Dass, aged about 23 years, S/o.Nellaiyappan, now detained at the Central Prison, Palayamkottai before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1496 of 2021

O R D E R

S.VAIDYANATHAN, J.

And DR.G.JAYACHANDRAN, J.

Today when the matter was taken up, the learned Additional Public Prosecutor submitted that as per G.O.Rt.No.5060, Home, Prohibition and Excise (XIV) Department, dated 28.10.2021, the detention order has been revoked.

2. In view of the same, nothing survives in this Habeas Corpus Petition and therefore this Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) am 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, Home, Prohibition and Excise Department, Secretariat, Fort. St. George,Chennai-600 009. 2.The Commissioner of Police, Tirunelveli City,Tirunelveli.

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

4.The Joint Secretary to Government, Public(Law & Order), Fort St. George,Chennai - 600 009.

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

H.C.P.(MD)No.1496 of 2021 01.02.2022 MGJ(09.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2