Malliga v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2022

CORAM

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.NO.22 OF 2022 Malliga ... Petitioner/Mother of the Detenue .Vs.

1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The District Collector and District Magistrate, Tirupathur District, Tirupathur - 635 601.

3. The Superintendent of Police, Tirupathur District, Tirupathur.

4. The Superintendent of Prison, Central Prison, Vellore - 2.

5. The Inspector of Police, Vaniyambadi PEW Police Station, Tirupathur District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records in connection with the order of detention passed by the second respondent 31.12.2021 in C3/D.O.No.64/2021 against the petitioner's son Masilamani, male, aged 51 years, S/o.Samudi, who is confined at the Central Prison, Vellore, and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner :

Mr.S.Senthil Vel For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) The petitioner challenges the impugned order of detention in C3/D.O.No.64/2021 dated 31.12.2021 detaining her son as "Bootlegger", as contemplated under Section 2(b) of the Tamil Nadu Act 14 of 1982.

The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.1827, Home, Prohibition and Excise (IX) Department, dated 05.04.2022 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar nsd/8 To 1.

The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.

The District Collector and District Magistrate, Tirupathur District, Tirupathur - 635 601.

3.

The Superintendent of Police, Tirupathur District, Tirupathur.

4.

The Superintendent of Prison, Central Prison, Vellore - 2.

5.

The Inspector of Police, Vaniyambadi PEW Police Station, Tirupathur District.

6.

The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

7.

The Public Prosecutor, High Court, Madras.

H.C.P.NO.22 OF 2022 AK-II(CO) PBS/08/07/2022