IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.01.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1531 of 2016 Ashiwini .. Petitioner Vs
1. The State of Tamilnadu, rep by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2. The Commissioner of Police, Chennai Police, Vepery, Chennai.7. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records leading to the detention of the petitioner's husband, Srinivasan @ Baba, son of Dhanasekar, aged about 28 years, presently lodged in Central Prison, Puzhal, Chennai, vide detention order, dated 12.7.2016, on the file of the second respondent, made in memo No.685/BCDFGISSSV/2016, quash the same and consequently to direct the respondents to produce the body and person of the detenu, before this Court and to set him at liberty.
For Petitioner : Mr.M.Rajavelu For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor ORDER (Order of the Court was made by M.JAICHANDREN,J.) This Habeas Corpus Petition has been filed, by the wife of the detenu, namely, Srinivasan @ Baba, aged about 28 years, son of Dhanasekar, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in BCDFGISSSV No.685/2016, dated 12.7.2016, passed by the second Respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), branding him as a “Goonda”, in the Central Prison, Puzhal, Chennai, and to quash the same and to direct the Respondents to produce the body of the detenu and to set him at liberty.
2 At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents would submit that the order of detention passed by the second respondent, against the husband of the petitioner, dated 12.7.2016, has been revoked by the Government, in G.O. Rt. No.3977, Home, Prohibition and Excise (X) Department, dated 23.8.2016 and he has also produced a copy of the said order.
3 Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous.
(M.J.,J.) (T.M.,J.) 10.01.2017 vvk To
1. The Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2. The Commissioner of Police, Chennai Police, Vepery, Chennai.7
3. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
and T.MATHIVANAN, J.
vvk H.C.P.No.1531 of 2016 10.01.2017 http://www.judis.nic.in