Mariyammal v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1257 of 2015 Mariyammal ... Petitioner -v1.The State of Tamilnadu, Represented by Secretary to Government, Prohibition & Excise Department, Fort St. George, Chennai-600 009.

2.The District Collector & District Magistrate, Thiruvallur District, Thiruvallur.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus calling for the records relating to the detention order passed by the second respondent in detention order No.BCDFGISSSV No.11/2015 dated 30.04.2015 and quash the same and direct the respondents to produce the body of the petitioner's husband, Annadurai, son of Ganesan, male aged about 46 years, who is presently undergoing detention in Central Prison II, Puzhal, under Section 3(1) of the Tamilnadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamilnadu Act 14 of 1982) before this Court and and set him at liberty. For Petitioner :

Mr.C.Prabakaran For Respondents:

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.TAMILVANAN,J.) The petitioner, who is the wife of the detenu Annaduari, Son of Ganesan, has come forward with this petition challenging the detention order in No.BCDFGISSSV No.11/2015 dated 30.04.2015 passed by the second respondent against her husband branding him as a "Bootlegger" under the Tamil Nadu Prevention of Dangerous Activities of 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the order of detention passed by the second respondent as against the husband of the petitioner dated 30.04.2015 has been revoked by the Government in G.O. [Rt] No.3846, Home, Prohibition & Excise [XI] Department dated 18.06.2015 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous.

-s/dAssistant Registrar(J) True Copy Sub-Assistant Registrar kal To 1.The Secretary to Government, State of TamilNadu Prohibition & Excise Department, Fort St. George, Chennai-600 009.

2.The District Collector & District Magistrate, Thiruvallur District, Thiruvallur.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

4.The Superintendent of Central Prison, Puzhal II, Chennai.

H.C.P. No.1257 of 2015 sv(co) aa02/09/2015