Petitioner filed a writ petition and connected medical relief application regarding the detention of her son as a Goonda under the Tamil Nadu Act. The Court found both petitions infructuous as the detention order was revoked by the Government before filing.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2021
Coram
The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN
H.C.P.No.564 of 2020
and Crl.M.P.No.3649 of 2020
Nirmala
.. Petitioner
Vs.
1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009.
2.The Commissioner of Police, Greater Chennai Police, Office of the Commissioner of Police, (GOONDA Section), Vepery, Chennai – 600 007. .. Respondents
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records pertaining to the order of detention passed by the second respondent in Order No.60/BCDFGISSSV/2020 dated 31.01.2020 set aside the same and direct to produce the detenu Sagayam @ Devasagayam, son of Johnson, aged about 33 years, and presently detained in Sub Jail, Poonamallee, Chennai, before this Court and set him at liberty forthwith.
For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)
ORDER
The petitioner is the mother of Sagayam @ Devasagayam, son of Johnson, aged about 33 years, who is the detenu. The detenu has been detained by the second respondent by his order in Memo No.60/BCDFGISSSV/2020 dated 31.01.2020, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act
14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
Crl.M.P.No.3649 of 2020 was filed on 12.03.2020 praying for a direction to the prison authorities to provide medical treatment to the said detenu.
submitted that the detention order dated 31.01.2020 was revoked by the Government on 16.03.2020 and that apart, the detention period itself is over and therefore, both these petitions have become infructuous.
Recording the same, this habeas corpus petition is dismissed for having become infructuous. Connected Crl.M.P. is closed.
Sd/Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
nsd
To
H.C.P.No.564 of 2020
UM(CO)
B.VC(28.07.2021)
1 issue framed by the court
Whether to grant a writ of Habeas Corpus to produce the detenu Sagayam and set him at liberty following a detention order as a 'Goonda' under the Tamil Nadu Act 14 of 1982.
2 provisions across 2 enactments
Nirmala
The Secretary to Government, Home, Prohibition and Excise Department
The Commissioner of Police, Greater Chennai Police
Justice P.N. Prakash
Justice R. Pongiappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
