Gomathy v. The Additional Cheif Secretary To Government

H.C.P.(MD) No.1599 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1599 of 2021 Gomathy ... Petitioner/Mother of the detenue Vs.

1.The State represented by The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

2.The Commissioner of Police, Office of the Commissioner of Police, A.R.Line Road, Koripallam, Palayamkottai, Tirunelveli City.

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

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records from the second respondent in No.53/BCDFGISSSV/2021, dated 30.09.2021 by setting aside the said order of detention passed by the second respondent and setting the detenue, Muthuraman @ Saravanan @ China, aged 26, S/o.Mariappan @ Raj, at liberty now detained in the Central Prison, Palayamkottai. For Petitioner : Mr.K.Prabhu For Respondents : Mr.S.Ravi, 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 mother of the detenu, namely, Muthuraman alias Saravanan alias China, Son of Mariappan alias Raj, aged 26 years, challenging the detention order https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1599 of 2021 No.53, dated 30.09.2021 passed by the second respondent, branding him as "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.5765, Home Prohibition & Excise (XIV) Department, dated 26.11.2021, would state that the impugned detention order has been revoked by the Advisory Board and hence, this Court is of the view that nothing survives for adjudication in this Habeas Corpus Petition.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) am To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

2.The Commissioner of Police, Office of the Commissioner of Police, A.R.Line Road, Koripallam, Palayamkottai, Tirunelveli City.

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

4. The Joint Secretary to Government, Public (Law & Order), Fort Saint George, Chennai 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER MADE IN H.C.P(MD).No1599 of 2021 22.04.2022 SR(CO) TR(06.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2