Iruthayayowan v. The Additional Cheif Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Iruthayayowan ... Petitioner/Detenu Vs.

1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise (XIV) Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

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

...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 of the second respondent in M.H.S.Confdl. No.147/2021 dated 15.09.2021 and quash the same and direct the respondents to produce the body or person of the detenu by name Iruthayayowan, S/o.Siluvai Alangaram, aged about 38 years, now detained as "Goonda" at Palayamkottai Central Prison, before this Court and set him at liberty forthwith.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor.

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O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the detenu, namely, Iruthayayowan, S/o.Siluvai Alangaram, aged about 38 years. The detenu has been detained by the second respondent by his proceedings in M.H.S.Confdl. No.147/2021 dated 15.09.2021 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.5871, Home, Prohibition & Excise (XIV) Department, dated 30.11.2021, would state that the impugned detention order has been revoked and hence, the prayer sought for in this Habeas Corpus Petition has become infructuous.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 (R) // True Copy // / /2022 Sub Assistant Registrar(CS) rm 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise (XIV) Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

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

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4.The Joint Secretary to Government, Public (Law & Order), Fort St.George, Chennai - 9.

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

H.C.P.(MD)No.1505 of 2021 25.03.2022 PA(12.04.2022) 3P 6C 3/3