Petitioner filed a Habeas Corpus petition seeking release of a detenue detained under Tamil Nadu Act 14 of 1982. Court dismissed the petition because the detention order had already been revoked via a Government Order dated 24.10.2016 prior to the hearing.
Petition dismissed as detention order was already revoked by order dated 24.10.2016.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
H.C.P(MD)No.1261 of 2016
ARUNMOZHI
W/O.DHILIP @ DHILIPKUMAR NORTH STREET PUDUKOTTAI VILLAGE
ARIYALUR TALUK & DISTRICT.
.. Petitioner
Vs.
1 THE SECRETARY TO GOVERNMENT
HOME PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT CHENNAI 600009.
2 THE DISTRICT COLLECTOR AND DISTRICT COLLECTOR AND DISTRICT MAGISTRATE ARIYALUR DISTRICT ARIYALUR.
3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON, TIRUCHIRAPALLI. .. Respondents
Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to call for the records pertaining to the impugned detention order passed by the 2nd respondent made in his proceedings in Cr.M.P.No.25/2016 dated 06.09.2016 in detaining the detenue under section 2(f) of the Tamilnadu Act 14 of 1982 as a GOONDA and quash the same and direct the respondents to produce the Detenue namely Dhilip @ Dhilipkumar S/o.Lakshmanan Male aged about 33 years who is detained in Central Prison Tiruchirapalli before this Court and set him at liberty.
For Petitioner : Mr.K.M.Karunakaran
For Respondents : Mr.T.Mohan
Addl.Public Prosecutor
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ORDER
(Order of the Court was made by S.NAGAMUTHU, J. )
When the matter was taken up for hearing, it is submitted by the learned Additional Public Prosecutor that the detention order has already been revoked by order dated 24.10.2016 in G.O.Rt.No.5319 Home, Prohibition and Excise (XV) Department.
sd/-
Assistant Registrar (AE) /True Copy/
Sub Assistant Registrar
RR
To
1 THE SECRETARY TO GOVERNMENT
HOME PROHIBITION AND EXCISE DEPARTMENT
SECRETARIAT CHENNAI 600009.
2 THE DISTRICT COLLECTOR AND DISTRICT COLLECTOR AND DISTRICT MAGISTRATE ARIYALUR DISTRICT ARIYALUR.
3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON TIRUCHIRAPALLI.
4.THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
Gjm/DB/30.11.16-2p-5C
ORDER MADE IN H.C.P(MD)No.1261 of 2016 08.11.2016
1 issue framed by the court
Whether the Habeas Corpus Petition filed for the release of a detenue should be disposed of when the detention order has already been revoked by a Government Order.
2 provisions across 2 enactments
ARUNMOZHI W/O.DHILIP @ DHILIPKUMAR
THE SECRETARY TO GOVERNMENT, HOME PROHIBITION AND EXCISE DEPARTMENT
THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE ARIYALUR
THE SUPERINTENDENT OF PRISON CENTRAL PRISON TIRUCHIRAPALLI
S. NAGAMUTHU
M. V. MURALIDARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
