The High Court closed a habeas corpus petition filed by a mother challenging her son's detention under the Tamil Nadu Goondas Act as the detention order had already been revoked by the Government by the date of the order.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2014
CORAM:
THE HONOURABLE MR.JUSTICE S.RAJESWARAN and
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
H.C.P.No.489 of 2014
V.Komala
.. Petitioner vs.
1.The Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai – 9.
2.The Commissioner of Police, Office of the Commissioner of Police, Veppery, Chennai – 8. .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records relating to the order of detention in No.1925/BDFGISSV/2013 dated 14.12.2013 passed by the second respondent and set saide the same and direct the Superintendent of Central Prison Puzhal, Chennai to produce the body of the Kaka Ramu @ Ram Kumar s/o. Vadivel, aged about 24 years, the detenu is being confined in the Central Prison, Puzhal, Chennai before this Court and set him at liberty forthwith.
ORDER
(Order of the Court was made by S.RAJESWARAN, J.)
The petitioner, who is the mother of the detenue Kaka Ramu @ Ram Kumar s/o. Vadivel, aged about 24 years, has come forward with this petition challenging the detention order passed by the second respondent dated 14.12.2013 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order of detention passed by the second respondent as against the son of the petitioner dated 14.12.2013, has been revoked by the Government in G.O. [Rt] No.811, Home, Prohibition & Excise [XIII] Department dated 03.02.2014 and he has also produced a copy of the said order.
1 provisions across 1 enactments
V.Komala
The Secretary to Government, Home Prohibition and Excise Department
The Commissioner of Police
S.RAJESWARAN
P.N.PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
