Madras High CourtHCP(MD)/1671/2021revoked

Mariammal v. The Additional Chief Secretary To Government

2022-04-05Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1671 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1671 of 2021 Mariammal ... Petitioner / Mother of Detenu -Vs1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009. 2.The District Collector and District Magistrate, Thanjavur District, Thanjavur.

3.The Inspector of Police, Nachiyarkoil Police Station, Thanjavur District.

4.The Superintendent of Prison, Central Prison, Trichy.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records pertaining to the order of detention passed by the second respondent in his proceedings in P.D.No.125/2021, dated 22.09.2021 and quash the same as illegal and produce the detenue, namely, Gopi, S/o.Nagarajan, aged about 28 years, now he is confined in Central Prison, Trichy, before this Court and set him at liberty. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the mother of the detenu, namely, Gopi, S/o.Nagarajan, aged about 28 years. The detenu has been detained by the second respondent by his proceedings in P.D.No.125/2021, dated 22.09.2021, 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.1671 of 2021 2.The learned Additional Public Prosecutor appearing for the respondents, by producing a copy of G.O.Rt.No.5749, Home, Prohibition & Excise (XV) Department, dated 26.11.2021, would submit that the impugned detention order in P.D.No.125/2021, dated 22.09.2021, has been revoked by the Advisory Board.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(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009. 2.The District Collector and District Magistrate, Thanjavur District, Thanjavur.

3.The Inspector of Police, Nachiyarkoil Police Station, Thanjavur District.

4.The Superintendent of Prison, Central Prison, Trichy.

5. The Joint Secretary to Government, Public (Law & Order), Fort Saint George, Chennai 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD)No.1671 of 2021 05.04.2022 tp(CO) TR(12.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2