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Madras High CourtHCP(MD)/1952/2022dismissed as infructuous

N.Jeevarathinam v. The Additional Chief Secretary To Government

2023-06-20Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1952 of 2022 N.Jeevarathinam ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

2.The District Magistrate / District Collector, Office of District Collector, Dindigul District, Dindigul.

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

...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 entire records connection with the Detention Order No.108/2022 dated 20.10.2022 passed by the 2nd Respondent on the Petitioner's son namely, Manthi @ Sakthivel (25/22) son of Nagaraj, 36/11, Kurumbapatti, Adivaram, Palani town, Palani Taluk, Dindigul District, has been detained and branded as "Goonda" under Section 3(1) of the Tamil Nadu prevention of Dangerous activities of Bootleggers, cyber law, Drug offenders, Forest offenders, Goondas, Immoral Trafic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act - 1982 (Tamil Nadu Act 14 of 1982) read with order issued by the Government in G.O. (D) No.301 Home, Prohibition and Excise (XVI) Department, dated 13.10.2022 and confined at Central Prison, Madurai, to set aside the same and to produce him before before this Court and set him at liberty forthwith.

For Petitioner : Mr.M.Maran For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 2/5

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The learned Additional Public Prosecutor appearing for the respondents has submitted that the detention order, which is impugned herein, has already been revoked by the competent authority. Therefore, the prayer sought for in the Habeas Corpus Petition has become infructuous.

2. The said position is not controverted by the learned counsel for the petitioner.

3. In view of the above, recording the said statement made by the learned Additional Public Prosecutor for the respondents, this Habeas Corpus Petition is dismissed as infructuous. (R.S.K., J.) & (K.K.R.K, J.) 20.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 3/5

To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

2.The District Magistrate / District Collector, Office of District Collector, Dindigul District, Dindigul.

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

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

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

RM H.C.P.(MD)No.1952 of 2022 20.06.2023 5/5