Madras High CourtHCP(MD)/1551/2021revoked

Siva @ Sivasuriyan v. The Additional Chief Secretary To Government

2022-04-26Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1551 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1551 of 2021 Siva @ Sivasuriyan ... Petitioner / Detenu -Vs1.The Additional Chief Secretary to the Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

...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 Detention Order No.77/2021, dated 06.10.2021 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenue or body of the detenue, namely, Siva @ Sivasuriyan, S/o.Mahendran, aged about 23 years, who is now detained at Madurai Central Prison, before this Court and set him at liberty forthwith. For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the detenu, namely, Siva @ Sivasuriyan, S/o.Mahendran, aged about 23 years. The detenu has been detained by the second respondent by his proceedings in Detention Order No.77/2021, dated 06.10.2021, 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.1551 of 2021 2.The learned Additional Public Prosecutor appearing for the respondents, by producing a copy of G.O.Rt.No.5726, Home, Prohibition & Excise (XIII) Department, dated 26.11.2021, would submit that the impugned detention order in Detention Order No.77/2021, dated 06.10.2021, has been revoked by the Advisory Board.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 (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.The Additional Chief Secretary to the Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

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.1551 of 2021 26.04.2022 TP(CO) KB(12.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2