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Madras High CourtHCP(MD)/1539/2021revoked

Lenin v. The Additional Chief Secretary To The Government

2022-03-25Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1539 of 2021 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 H.C.P.(MD) No.1539 of 2021 Lenin ... Petitioner/Father of the detenu Vs.

1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

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

...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 pertaining to the impugned Detention Order passed by the second respondent made in his proceedings in P.D.No.120/2021 dated 16.09.2021 in detaining the detenu under Section 2(f) of the Tamil Nadu Act 14 of 1982 as a Goonda and quash the same and direct the respondents to produce the detenu namely, Mukilan, S/o.Lenin, aged about 20 years, who is detained in Central Prison, Trichy, before this Court and set him at liberty.

For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor.

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the father of the detenu, namely, Mukilan, S/o.Lenin, aged about 20 years. The detenu has been detained by the second respondent by his proceedings in P.D.No.120/2021 dated 16.09.2021, 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1539 of 2021

2. The learned Additional Public Prosecutor appearing for the respondent, by producing a copy of G.O.Rt.No.5590, Home, Prohibition & Excise (XV) Department, dated 22.11.2021, would state that the impugned detention order has been revoked and hence, the prayer sought for in this Habeas Corpus Petition has become infructuous.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 (W) // True Copy // / /2022 Sub Assistant Registrar(CS) rm To 1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

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

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.1539 of 2021 25.03.2022 VR(CO) KB(05.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2