IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 21.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2087 of 2016 Matheswaran .. Petitioner Vs
1. The Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St.Feorge, Chennai – 600 009.
2. The District Magistrate and District Collector, Salem District, Salem .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus of any other appropriate writ or direction calling for the records relating to the second respondent pertaining to the detention order made in C.M.P. No. 25/B.L.A/C2/2016 dated 05.09.2016 in detaining the detenu under Tamil Nadu Act 14/1982 as “Bootlegger” and quash the same and further direct the respondents to produce the said detenu namely Viji @ Vijay, S/o Mr.Kandasamy, aged about 28 years, now confined in Central Prison, Salem, before this Hon'ble Court and set him at liberty.
For Petitioner : Mr.D.Veerasekaran 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 father-in law of the detenu Viji @ Vijay S/o Mr.Kandasamy, aged 28 years, has come forward with this petition challenging the detention order passed by the second respondent dated 05.09.2016 against his son-in law 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the order of detention passed by the second respondent as against the son-in law of the petitioner dated 05.09.2016 has been revoked by the Government in G.O.Rt No.5230 Home, Prohibition & Excise [XIV] Department dated 22.10.2016 and he has also produced a copy of the said order.
3. Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous.
Speaking order/non-speaking order Index : Yes/no Internet : Yes/no sr/jer (S.N.J.,) (A.S.M.J.,) 21-03-2017 To
1. The Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St.Feorge, Chennai – 600 009.
2. The District Magistrate and District Collector, Salem District, Salem
3. The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.,
And
ANITA SUMANTH,J.,
sr/jer Order in H.C.P.No.2087 of 2016 21-03-2017 http://www.judis.nic.in