IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 14.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2372 of 2016 Deepan Vs
1. The District Collector and District Magistrate, .. Petitioner Coimbatore District,Coimbatore.
2. State of Tamil Nadu, Rep.by the Secretary to Government. Prohibition and Excise Department, St.George Fort, Chennai – 600 009.
3. The Inspector of Police, Law & Order, Thudiyalur Police Station, Coimbatore City, Coimbatore .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus of any other writ of direction calling upon the production of the records relating to the detention order dated 19.10.2016 made in detention Order Memo Cr.M.P. No.29/G/2016/E1 passed by the first respondent herein and quash the same and direct the respondents to produce the body or person of the petitioner's brother Karthick S/o. Duraisamy aged 30 years branded as Goonda an now confined in Central Prison, Vellore before this Court and set him at liberty forthwith.
For Petitioner : Mr.G.Karthikeyan For respondents : Mr.V.M.R. Rajentren Addl. Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the brother of the detenu Karthick S/o.Duraisamy aged 30, has come forward with this petition challenging the detention order passed by the respondents dated 01.10.2016 against his brother branding him as a "Goonda" under 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].
2. The learned Additional Public Prosecutor would submit that the order of detention passed by the first respondent as against his brother dated 19.10.2016 has been revoked by the Government in G.O. [Rt] No.5953 Home, Prohibition & Excise [XII] Department dated 25.11.2016 and he has also produced a copy of the said order.
3. Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous.
Speaking order/non-speaking order Index : Yes/no Internet : Yes/no sr/lbm To
1. The District Collector and District Magistrate, Coimbatore District,Coimbatore (S.N.J.,) (A.S.M.J.,) 14-03-2017
2. The Secretary, State of Tamil Nadu, Home Prohibition and Excise Department, Fort St.Feorge, Chennai – 600 009.
3. The Inspector of Police, Law & Order, Thudiyalur Police Station, Coimbatore City, Coimbatore
4. The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.
And
ANITA SUMANTH,J.,
sr Order in H.C.P.No.2372 of 2016 14.03.2017 http://www.judis.nic.in