Mariraj @ Rasukutty v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Mariraj alias Rasukutty ... Petitioner/Detenu Vs.

1.State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, 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 entire records connected with the detention order passed in M.H.S.Confdl.No.148 of 2021 dated 15.09.2021 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 Mariraj alias Rasukutty, aged about 22 years, S/o.Mariapan, now detained at Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

This habeas corpus petition has been filed by the detenu, namely, Mariraj alias Rasukutty, S/o.Mariapan, aged about 22 years, challenging the detention order in M.H.S.Confdl.No.148 of 2021 1/3

dated 15.09.2021 passed by the second respondent, branding him as a "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, by producing a copy of G.O.RT.No.5872, Home Prohibition & Excise (XV) Department, dated 30.11.2021, would state that the impugned detention order has been revoked by the Advisory Board and hence, this Court is of the view that nothing survives for adjudication in this Habeas Corpus Petition.

3. In view of the same, the Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) pm To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, 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.George, Chennai - 9.

2/3

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

ORDER MADE IN H.C.P(MD).No.1560 of 2021 01.04.2022 PA(13.04.2022) 3P 6C 3/3