J.Sunantha v. The Additional Chief Secretary To Government

H.C.P.(MD) No.1786 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1786 of 2021 J.Sunantha ... Petitioner / Sister of the Detenu -Vs1.State of Tamil Nadu, Rep. by its, Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Fort St.George, Chennai-600 009.

2.The District Collector and District Magistrate, Tiruchirappalli District, Trichy.

3.The Superintendent, 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 records relating to the Detention Order passed by the 2nd respondent in Cr.M.P.No.38/2021 dated 13.09.2021 and quash the same and direct the respondents to produce the body of the detenu namely, Bottle Mani @ Dineshkumar Son of Jon Kennedy aged 28 years (now detained at Central Prison, Trichy), before this Court and set him at liberty.

For Petitioner : Mr.N.Anandakumar For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the sister of the detenu, namely, Bottle Mani @ Dineshkumar, S/o Jon Kennedy, aged about 28 years. The detenu has been detained by the second respondent by his proceedings in Cr.M.P.No.38/2021 dated 13.09.2021, 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.

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H.C.P.(MD) No.1786 of 2021 2.The learned Additional Public Prosecutor appearing for the respondents by producing a copy of G.O.Rt.No.5835, Home, Prohibition & Excise (XII) Department, dated 29.11.2021, would submit that the impugned detention order in Cr.M.P.No.38/2021 dated 13.09.2021 has been revoked by the Advisory Board.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 I) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition & Excise Department, Fort St.George, Chennai-600 009.

2.The District Collector and District Magistrate, Tiruchirappalli District, Trichy.

3.The Superintendent, Central Prison, Trichy.

4.The Joint Secretary to Government, Public Law & Order, Fort St.George, Chennai - 9.

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

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