Madras High CourtHCP/1853/2015dismissed as infructuous

Iqbal v. State Of Tamil Nadu

2016-01-25Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Sudhakar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MR.JUSTICE P.N.PRAKASH H.C.P.No.1853/2015 Iqbal ..

Petitioner vs.

1.The Secretary to Government State of Tamil Nadu Home, Prohibition & Excise Department Fort St George, Chennai 600009.

2.The District Collector & District Magistrate O/o.The District Collector, Coimbatore District. 3.The Additional 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 Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus calling for the entire records relating to the petitioner's brother detention u/s.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 24.07.2015 on the file of the 2nd respondent herein made in proceedings Memo Cr.MP.No.41/BM/2015 [E1] quash the same as illegal and consequently direct the respondents herein to produce the petitioner's brother namely M.Appa @ Athupala Appa @ Akbar Ali, S/o.V.M.Mohammed Jussain, aged 45 years, before this Court and set the petitioner's brother at liberty from detention now the petitioner's brother detained at Central Prison, Coimbatore.

For Petitioner .. Mr.S.Vinoth For RR 1 & 2 .. Mr.M.Maharaja,APP https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by P.N.PRAKASH J.) The learned Additional Public Prosecutor would submit that the detention order was passed on 24.07.2015 and the period of detention, viz., six months, was already over and that the petition has become infructuous.

2.Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as infructuous. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar AP To 1.The Secretary to Government Government of Tamil Nadu Home, Prohibition & Excise Department Fort St George, Chennai 600009.

2.The District Collector & District Magistrate O/o.The District Collector Coimbatore District.

3.The Additional 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 Public Prosecutor, Madras High Court, Madras.

1 cc to M/s.S. Arockiam, Advocate,. Sr. 4195 H.C.P.No.1853/2015 PPA (CO) kk 8/2 https://hcservices.ecourts.gov.in/hcservices/