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Madras High CourtHCP/2326/2015dismissed

Kavitha v. The Secretary To The

2016-02-29Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.2.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.2326 of 2015 Kavitha ... Petitioner/Wife of the Detenue Vs.

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

2. The District Collector & District Magistrate Thiruvallur District Thiruvallur ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records in connection with the order of detention passed by the second respondent dated 4.9.2015 in Memo No.B.C.D.F.G.I.S.S.S.V. No.29 of 2015, against the petitioner husband Viji @ Vijay, male aged 28 years s/o.Babu who is confined at Central Prison, Puzhal II, Chennai, and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner : Mr.S.Senthilvel For Respondents : Mr.A.N.Thambi Durai Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.JAICHANDREN, J.] The petitioner, who is the wife of the detenu, Viji @ Vijay, son of Babu, aged about 28 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 4.9.2015 against her husband branding him as a https://hcservices.ecourts.gov.in/hcservices/

"Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual 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that the order of detention passed by the 2nd respondent as against the husband of the petitioner dated 4.9.2015 has been revoked by the Government in G.O. Rt No.6836, dated 30.10.2015 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as infructuous. Sd/- Assistant Registrar(CS IV) //True Copy// lan Sub Assistant Registrar To:

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

2. The District Collector & District Magistrate Thiruvallur District Thiruvallur

3. The Public Prosecutor, High Court, Madras.

4. The Superintendent, Central Prison, Puzhal II, Chennai 66.

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

H.C.P.No.2326 of 2015 MSM(CO) CA(29/03/2016) https://hcservices.ecourts.gov.in/hcservices/