Wife challenged a Goonda detention order under the Tamil Nadu Act 14 of 1982 against her husband confined at Central Prison, Cuddalore. The Additional Public Prosecutor informed the Court that the detention order had been revoked by the Government in G.O.Rt.No.1008 dated 20.02.2024. Recording this, the Court dismissed the petition as infructuous.
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H.C.P.No.237 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.237 of 2024
Malar
... Petitioner/wife of the detenue
Vs.
The State rep. by 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Madras-600 009.
2.The District Collector and District Magistrate, Kallakurichi District, Kallakurichi.
3.The Superintendent of Police, Kallakurichi District, Kallakurichi.
4.The Superintendent of Prison, Central Prison, Cuddalore.
5.The Inspector of Police, H-1, Ulundurpet Police Station, Ulundurpet District. ... Respondents
Page 1 of 4
H.C.P.No.237 of 2024
Prayer
Prayer : Habeas Corpus Petition filed und er Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the records of the detention order of Thiru.Senthil, S/o.Periyasamy, passed in D.O.No.C2/01/2024, dated 20.01.2024, by the second respondent under Section 3(2) of T.N.Act 14/1982, set aside the same and direct the respondents to produce the detenue Thiru.Senthil, S/o.Periyasamy, who is confined at Central Prison, Cuddalore, before this Court and set him at liberty.
For Petitioner : Mr.K.Seetha Ram For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind
O R D E R
M.S.RAMESH, J. and SUNDER MOHAN, J.
The petitioner herein who is the wife of the detenu viz., Senthil,
S/o.Periyasamy, confined at Central Prison, Cuddalore, has come forward with this petition challenging the detention order passed by the second
respondent dated 20.01.2024 slapped on her husband, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of
Page 2 of 4
H.C.P.No.237 of 2024
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 second respondent as against the petitioner's husband, dated 20.01.2024 has been revoked by the Government in G.O.Rt.No.1008, Home, Prohibition and Excise (XIV) Department, dated 20.02.2024 and he has also produced a copy of the said order.
3.Recording the submission of the learned Additional Public
Prosecutor, this petition is dismissed as the same has become infructuous.
[M.S.R., J] [S.M., J] 14.06.2024
Anu
Internet : Yes Index : Yes / No Neutral Citation : Yes / No
Page 3 of 4
H.C.P.No.237 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
Anu
To
1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Madras-600 009.
2.The District Collector and District Magistrate, Kallakurichi District, Kallakurichi.
3.The Superintendent of Police, Kallakurichi District, Kallakurichi.
4.The Superintendent of Prison, Central Prison, Cuddalore.
5.The Inspector of Police, H-1, Ulundurpet Police Station, Ulundurpet District.
6.The Public Prosecutor, High Court, Madras.
H.C.P.No.237 of 2024
14.06.2024
Page 4 of 4
1 issue framed by the court
Whether the habeas corpus petition challenging the detention order survived after the detention order was revoked by the Government.
2 provisions across 2 enactments
Malar
The Secretary to Government, Home, Prohibition and Excise Department
The District Collector and District Magistrate, Kallakurichi District
The Superintendent of Police, Kallakurichi District
The Superintendent of Prison, Central Prison, Cuddalore
The Inspector of Police, H-1, Ulundurpet Police Station
M.S.Ramesh
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
