Habeas corpus petition by mother of a detenu challenged detention under TN Goondas Act. Court recorded that a state government order revoked the detention, rendering the Writ infructuous and dismissed the petition.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
AND
THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN
HCP.No.2565/2014
Punitha Petitioner/Mother of Detenu
Vs
1 THE SECRETARY TO GOVERNMENT
HOME PROHIBITION AND EXCISE DEPARTMENT
FORT ST GEORGE CHENNAI
2 THE COMMISSIONER OF POLICE
GREATER CHENNAI VEPERY CHENNAI Respondents
Habeas Corpus Petition is filed, under Article 226 of the Constitution of India calling for the records in connection with the order of detention passed by the second respondent dated 23.08.2014 in BDFGISSV No.1052/2014 against petitioner's, the detenu herein, now confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu Thiru Gopi @ Gopinath, son of Suguneswaran, aged about 24 years before this Court and set him at liberty.
ORDER
The petitioner, who is the mother of the detenu, Son of Suganeshwaran, aged about 24 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 23.08.2014 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that the order of detention passed by the 2nd respondent as against the son of the petitioner dated 23.08.2014 has been revoked by the Government in G.O. [Rt] No.5246, dated 20.10.2014 and he has also produced a copy of the said order.
gms
s/d-
Assistant Registrar(R)
Dt:8/4/2015
True Copy
Sub-Assistant Registrar
1. The Public Prosecutor,
Madras High Court, Madras
2. THE SECRETARY TO GOVERNMENT
HOME PROHIBITION AND EXCISE DEPARTMENT
FORT ST GEORGE CHENNAI
3 THE COMMISSIONER OF POLICE
GREATER CHENNAI VEPERY CHENNAI
4. The Superintendent,
Central Prison, Puzhal, Chennai.
5. The Joint Secretary to Govt.
Public (Law & Order) Dept.
Fort St.George, Chennai 9.
sr(co)
prk9/4 HCP.No.2565/2014
2 provisions across 2 enactments
Punitha
The Secretary to Government, Home Prohibition and Excise Department, Fort St George, Chennai
The Commissioner of Police, Greater Chennai Vepery, Chennai
M. Jaichandren
Aruna Jagadeesan
As recorded by the court registry
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