R.Alish Nickolina Mary v. The Additional Chief Secretary To Government

H.C.P.(MD) No.1708 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.1708 of 2021 R.Alish Nickolina Mary ... Petitioner / Mother of the Detenu -Vs1.State of Tamil Nadu, Rep. by the Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

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

3.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 connected with the detention order passed in P.D.No.128/2021, dated 02.10.2021 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, the petitioner's son i.e., Allahpitchai alias Gnanapradeep, aged about 24 years, S/o.Ravidoss, now detained at the Central Prison, Trichirappalli, before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Pragalathan 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, Allahpitchai alias Gnanapradeep, S/o.Ravidoss, aged about 24 years. The detenu has been detained by the second respondent by his proceedings in P.D.No.128/2021, dated 02.10.2021, 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.

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H.C.P.(MD) No.1708 of 2021 2.The learned Additional Public Prosecutor appearing for the respondents, by producing a copy of G.O.Rt.No.5751, Home, Prohibition & Excise (XV) Department, dated 26.11.2021, would submit that the impugned detention order in P.D.No.128/2021, dated 02.10.2021, has been revoked by the Advisory Board.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, Fort St.George, Chennai-600 009.

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

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

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.1708 of 2021 26.04.2022 TP(CO) KB(12.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2