Shanthi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2015

CORAM:

THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P.No.206/2015 Shanthi ... Petitioner/Wife of the Detenue vs.

1. The Secretary to Government State of Tamil Nadu Home, Prohibition & Excise Department Fort St George, Chennai 600 009.

2. The Commissioner of Police Salem City.

3. The Superintendent Central Prison, Salem-7.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the entire records leading to the detention of petitioner's husband Athiyappan @ Rajesh, son of Nammalvar, aged 28 years presently detained in Central Prison, Salem under Act 14/1982 as a Goonda vide the detention order dated 05.01.2015 in CMP No.1/Goonda/Salem City/2015 on the file of the 2nd respondent herein, directing to produce the body or the person of the detenu before this Court and thereafter set him at liberty from the Central Prison, Salem by setting aside the above order.

For Petitioner : Mr.Vasudevan For Respondents : Mr.M.Maharaja, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.TAMILVANAN, J.) The petitioner, who is wife of the detenu herein, viz., Kannan, son of Balakrishnan, aged 40 years, has come forward with this petition challenging the detention order passed by the second respondent dated 28.01.2015 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 Piracy Act 1982 [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order of detention passed by the second respondent as against the husband of the petitioner herein dated 28.01.2015 has been revoked by the Government in G.O. [Rt] No.1597, Home, Prohibition & Excise [XIV] Department dated 05.03.2015 and he has also produced a copy of the said order.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/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar AP To

1. The Secretary to the Government Government of Tamil Nadu [Home], Prohibition & Excise Department Fort St George, Chennai 600 009.

2. The Commissioner of Police Salem City.

3. The Superintendent of Central Prison, Central Prison, Salem - 7.

4. The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.

5. The Public Prosecutor, Madras High Court, Madras.

H.C.P.No.206/2015 CTK(CO) CA(05/08/2015)