IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 08.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.1764 of 2016 Mrs.J.Esther Petitioner Vs
1. The State rep by The Secretary to Government, Home, Prohibition and excise department, Secretariat, Chennai – 600 009.
2. The Commissioner of Police, Commissioner office (Goondas Section), Vepery, Chennai – 7.
3. The Inspector of Police (Law & Order) S-13, Chrompet Police Station, Chennai – 44. .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or any other appropriate writ, order or direction in the nature of writ, calling for the records relating to the detention order passed by the second respondent pertaining to the order made in 802/BCDFGISSSV/2016 dated 30.07.2016 in detained the detenu under section 3 (1) of Tamil Nadu Act 14 of 1982, as a Goonda and quash the same and direct the respondents to produce the deteny who is Jayanthinathan, S/o.Rameshkumar, Male, aged about 26 years old, who is detained at Central Prison at Puzhal before this Hon'ble Court and set him at liberty.
For Petitioner : Mr.S.Ramajayam For respondents : Mr.V.M.R. Rajendran Addl. Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the wife of the detenu Jayanthinathan, S/o Rameshkumar, aged 26 years, has come forward with this petition challenging the detention order passed by the second respondent dated 30.07.2016 against her son 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that the order of detention passed by the second respondent as against the son of the petitioner dated 30.07.2016 has been revoked by the Government in G.O. [Rt] No.4636 Home, Prohibition & Excise [X] Department dated 28.09.2016 and he has also produced a copy of the said order.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.
Index : Yes/no Internet : Yes/no sr (S.N.J.,) (A.S.M.J.,) 08-03-2017 To
1. The Secretary to Government, State of Tamil Nadu, Home, Prohibition and excise department, Secretariat, Chennai – 600 009.
2. The Commissioner of Police, Commissioner office (Goondas Section), Vepery, Chennai – 7.
3. The Inspector of Police (Law & Order) S-13, Chrompet Police Station, Chennai – 44.
4. The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.
And
ANITA SUMANTH,J.,
sr Order in H.C.P.No.1764 of 2016 08-03-2017 http://www.judis.nic.in