S.Vijayalakshmi v. The Secretary To Govt.(Home)

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.1313 of 2015 S.Vijayalakshmi ... Petitioner -vThe State represented by its 1.The Secretary to Government (Home), Prohibition & Excise Department, Government of Tamilnadu, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Chennai City, Chennai.

... 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.BDCFGISSSV No.328/2015 dated 21.04.2015 and quash the same and direct the respondents to produce the body of the petitioner's husband, Surya @ Nedunkundram, son of Kutty, male aged about 27 years, who is now confined at Central Prison, Puzhal, Chennai and set him at liberty forthwith. For Petitioner :

Mr.S.Manoharan 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 Surya @ Nedunkunram Surya, Son of Kutty, aged about 27 years, has come forward with this petition challenging the detention order in No.BDCFGISSSV No.328/2015 dated 21.04.2015 passed by the second respondent against her husband branding him as a "Goonda" 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the order of detention passed by the second respondent as against the husband of the petitioner dated 21.04.2015 has been revoked by the Government in G.O. [Rt] No.3697, Home, Prohibition & Excise [X] Department dated 08.06.2015 and he has also produced a copy of the said order.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.

Sd/- Asst.Registrar(CSII) /true copy/ Sub Asst. Registrar kal To 1.The Secretary to Government (Home), Prohibition & Excise Department, Government of Tamilnadu, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Chennai City, Chennai.

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

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

H.C.P. No.1313 of 2015 sv(co) aa02/09/2015