Petitioner, wife of a detenu challenged his detention order under the TN Prevention of Dangerous Activities Act as illegal. The detention was quashed by the Government, rendering the petition infructuous.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2015
CORAM:
THE HONOURABLE DR.JUSTICE S.TAMILVANAN
and THE HONOURABLE MR.JUSTICE B.RAJENDRAN
H.C.P.No.3767/2014
Shoba
.. Petitioner vs.
1.The Secretary to Government State of Tamil Nadu Home, Prohibition & Excise Department Fort St George, Chennai 600 009.
2.The Commissioner of Police Egmore, Chennai – 08. .. 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 impugned detention order made in Memo No.2126/BDFGISSV/2014 dated 10.12.2014 on the file of the 2nd respondent herein and quash the same as illegal and direct the respondents to produce the detenu Ramesh, son of Kuppusamy, aged about 42 years, residing at No.1473, Madha Koil St., Dr.Ambedkar Nagar, Adambakkam, Chennai-88 now confined at Central Prison, Puzhal, Chennai before this Court and set him at liberty.
For Petitioner .. Mr.T.Arul For RR 1 & 2 .. Mr.M.Maharaja, APP
ORDER
(Order of the Court was made by S.TAMILVANAN, J.)
The petitioner, who is wife of the detenu herein, viz., Ramesh, son of Kuppusamy, aged about 42 years, has come forward with this petition challenging the detention order passed by the second respondent dated 10.12.2014 against her husband 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 Piracy Act 1982 [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order of detention passed by the second respondent as against the husband of the petitioner herein dated 10.12.2014 has been revoked by the Government in G.O. [Rt] No.1209, Home, Prohibition & Excise [X] Department dated 19.02.2015 and he has also produced a copy of the said order.
Sd/-
Assistant Registrar
True Copy
Sub Assistant Registrar
To
1.The Secretary to Government
State of Tamil Nadu
Home, Prohibition & Excise Department
Fort St George, Chennai 600 009.
2.The Commissioner of Police
Egmore, Chennai – 08.
3.The Superintendent of Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, Madras High Court, Madras.
Gj(co)
krd 9/7
H.C.P.No.3767/2014
2 provisions across 2 enactments
Shoba
Secretary to Government, State of Tamil Nadu
Commissioner of Police, Egmore
S. Tamilvanan
B. Rajendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
