Valliamma v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M. NIRMAL KUMAR H.C.P. No. 97 of 2019 Valliamma ... Petitioner -vs1.The State of Tamil Nadu Rep. By its Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

3.The Addl. Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Dept. of Consumer Affairs), Room No.270, Krishi Bhawan, New Delhi - 110 001.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for entire records relating to the petitioner's son detention under Section 3(1) r/w 3(2)(b) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act,1980 (Central Act 7 of 1980), vide detention order, dated 03.01.2019 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.01/BM/2019/E1, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely R.Dharmaraj, S/o (Late) Ranganathan, aged 29 years before this Hon'ble Court and set the petitioner's son at liberty from detention, who is detained at Central Prison, Coimbatore.

For Petitioner : Mr.W.Camyles Gandhi For Respondents :

Mr.R.Prathap Kumar Addl.Public Prosecutor for R1 and R2 Mr.K.B.Arul Addl Central Government Standing Counsel for R3

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner challenges the impugned order of detention dated 03.1.2019 in Cr.M.P.No.01/BM/2019/E1 detaining her son as "Black Marketeer", as contemplated under sub-section 2(12) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act,1980 (Central Act 7 of 1980).

2. Learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.(Rt).No.32 Cooperation,Food and Consumer Protection Department, dated 18.02.2019 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To:

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

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

3.The Addl. Secretary, Government of India, Ministry of Consumer Affairs Food and Public Distribution, (Dept. of Consumer Affairs), Room No.270, Krishi Bhawan, New Delhi - 110 001.

4.The Superintendent, Central Prison, Coimbatore.

5.The Public Prosecutor, High Court, Madras.

H.C.P. No. 97 of 2019 mp(co) nr 16/07/2019