Madras High CourtHCP(MD)/1722/2021revoked

Balakrishnan v. The Additional Chief Secretary To Government

2022-04-07Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1722 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1722 of 2021 Balakrishnan ... Petitioner /Detenu -Vs1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

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 S.R.No.89/Goonda/2021, dated 27.09.2021 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenue, namely, Balakrishnan, S/o.Kalimuthan, aged about 35 years, now detained as "Goonda" at Madurai Central Prison before this Court and set him at liberty forthwith.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the detenu, namely, Balakrishnan, S/o.Kalimuthan, aged about 35 years. The detenu has been detained by the second respondent by his proceedings in S.R.No.89/Goonda/2021, dated 27.09.2021, 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. 2.The learned Additional Public Prosecutor appearing for the respondents, by producing a copy of G.O.Rt.No.5719, Home, Prohibition & Excise (IX) Department, dated 26.11.2021, would submit https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1722 of 2021 that the impugned detention order in S.R.No.89/Goonda/2021, dated 27.09.2021, has been revoked by the Advisory Board.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 Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

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

4.The Joint Secretary to Government, Public(Law & Order), Fort St. George, Chennai - 600 009.

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

H.C.P.(MD)No.1722 of 2021 07.04.2022 MGJ(19.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2