Kowsalya v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1602 of 2022 Kowsalya ... Petitioner / Grandmother of the Detenue Vs.

1.State Represented by, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariats, Chennai.

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

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

...Respondents

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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 pertaining to the Detention Order No.84 of 2022 dated 30.08.2022 and set aside the same and setting the detenue, Yuvaraj, S/o.Suresh @ Suresh Kumar (aged about 19 years) at liberty, now he is confined at Central Prison, Madurai.

For Petitioner : Mr.S.Balaji For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner is the grandmother of the detenu, namely, Yuvaraj, aged about 19 years, S/o.Suresh @ Suresh Kumar. The detenu has been detained by the 2nd respondent by his proceedings in Detention Order No.84 of 2022 dated 30.08.2022, 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 has submitted that the detention order, which is impugned 2/4

herein, has already been revoked by the competent authority. Therefore, the prayer sought for herein has become infructuous. 3.Recording the said statement made by the learned Additional Public Prosecutor for the respondents, this Habeas Corpus Petition stands closed.

(R.S.K., J.) & (K.K.R.K, J.) 24.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariats, Chennai.

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

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

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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