IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.01.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN H.C.P.No.1622 of 2016 Babu .. Petitioner Vs
1. The State of Tamil Nadu, rep by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2. The Commissioner of Police, Commissioner Office, Vepery, Chennai-600 007. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records relating to the detention order, in Memo No.763/BCDFGISSSV/2016, dated 22.7.2016, passed by the second respondent, and to set aside the same and to direct the respondents to produce the detenu, Raja @ Seizing Raja, aged about 39 years, son of Narasimman, detained in the Central Prison, Vellore, before this court and to set him at liberty.
For Petitioner : Mr.M.Jaishankar 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 brother of the detenu, namely, Raja @ Seizing Raja, aged about 39 years, son of Narasimman, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.763/BCDFGISSSV/2016, dated 22.7.2016, 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, Vellore, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.
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the order of detention passed by the second respondent, against the brother of the petitioner, dated 22.7.2016, has been revoked by the Government, in G.O. Rt. No.4853, Home, Prohibition and Excise (X) Department, dated 6.10.2016 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.) (C.V.K., J.) 27. 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, Commissioner Office, Vepery, Chennai-600 007
3. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
and C.V.KARTHIKEYAN, J.
vvk H.C.P.No.1622 of 2016 27.01.2017