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K Sivagamy vs The Secretary To Government And Others

Madras High Court|23 March, 2017
|

JUDGMENT / ORDER

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 23.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2206 of 2016 K.Sivagamy, W/o K.Gajendran, No.51, 9th Block, Ezhil Nagar, Thuraipakkam, Chennai - 600 097. .. Petitioner Vs
1. The Secretary to Government,Home, State of Tamil Nadu, Prohibition and Excise Department, Fort St.Feorge, Chennai – 600 009.
2. The Commissioner of Poliec, Chennai City, Egmore, Chennai - 600 008. .. 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 for the records relating to the detention order in BCDFGISSSV No.1063/2016 dated 20.09.2016 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to Produce the Petitioner's son Parthiban, S/o Mr.Gajendran, aged about 25 years, who is now confined in Central Prison, Puzhal, Chennai before this Hon'ble Court and set him at liberty.
For Petitioner : Mr.M.Baskar For respondents : Mr.V.M.R. Rajendran Additional Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the mother of the detenu Parthiban, male,aged 25 years, S/o Mr.Gajendran, has come forward with this petition challenging the detention order passed by the second respondent dated 20.09.2016 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that the order of detention passed by the second respondent as against the son of the petitioner dated 20.09.2016 has been revoked by the Government in G.O.Rt. No.5424 Home, Prohibition & Excise [X] Department dated 01.11.2016 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 jer/sts To
1. The Secretary to Government,Home, State of Tamil Nadu, Prohibition and Excise Department, Fort St.Feorge, Chennai – 600 009.
2. The Commissioner of Poliec, Chennai City, Egmore, Chennai - 600 008.
(S.N.J.,) (A.S.M.J.,) 23-03-2017
3. The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.,
And
ANITA SUMANTH,J.,
jer/sts Order in H.C.P.No.2206 of 2016 23-03-2017 http://www.judis.nic.in
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Title

K Sivagamy vs The Secretary To Government And Others

Court

Madras High Court

JudgmentDate
23 March, 2017
Judges
  • S Nagamuthu
  • Anita Sumanth