In a Habeas Corpus petition challenging a detention order under Section 2(f) of Tamil Nadu Act 14 of 1982, the court accepted the submission that the detention order was revoked by the Government. Consequently, the petition was declared infructuous and closed without hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.12.2017
Coram
THE HON'BLE MR.JUSTICE RAJIV SHAKDHER &
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.No.1496 of 2017
Christy John @ Christy ... Petitioner
Vs.
1.The Commissioner of Police
Greater Chennai,
Vepery, Chennai 600 007.
2.The Secretary to Government
Home, Prohibition and Excise Department
Government of Tamil Nadu,
Secretariat,
Fort St. George, Chennai – 600 009. ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling the records of the first respondent herein in Memo No.409/BCDFGISSSV/2017 dated 12.07.2017, setting aside the order of detention passed therein and produce the petitioner Christy John @ Christy, S/o.Anto, aged 28 years who has now detained in Central Prison, Puzhal at Chennai and set him at liberty.
For Petitioner : Mr.R.Rajasekaran
For Respondents : Mr.V.M.R.Rajentran,
Addl. Public Prosecutor.
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O R D E R
( Order of the Court was made by RAJIV SHAKDHER, J)
S/o.Anto, male, aged about 28 years. The detenu stands detained by the first respondent by virtue of his order bearing No.409/BCDFGISSSV/2017, dated 12.07.2017, wherein, he has been held to be a "Goonda", within the meaning of
Section 2(f) of Tamil Nadu Act 14 of 1982.
1.1. The said order is under challenge in this Habeas Corpus Petition.
of detention, passed by the first respondent against the petitioner has been revoked by the Government in G.O.Rt.No.4072, Home, Prohibition & Excise (XIII) Department dated 23.08.2017; a copy of the order has also been produced.
on record. Accordingly, the petition is closed, as the same has been rendered infructuous.
Index : yes/no vsm
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To
1.The Commissioner of Police
Greater Chennai,
Vepery, Chennai 600 007.
2.The Secretary to Government
Home, Prohibition and Excise Department
Government of Tamil Nadu,
Secretariat,
Fort St. George, Chennai – 600 009.
3.The Superintendent,
Central Prison,
Puzhal, Chennai.
4.The Public Prosecutor,
Madras High Court,
Chennai.
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RAJIV SHAKDHER, J. and N.SATHISH KUMAR, J.
vsm
H.C.P.No.1496 of 2017
06.12.2017
1 issue framed by the court
Whether the Habeas Corpus petition should be disposed of given that the order of detention against the petitioner has been revoked by the Government.
2 provisions across 2 enactments
Christy John @ Christy
Commissioner of Police, Greater Chennai
Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu
Rajiv Shakdher
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
