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Madras High CourtHCP/2749/2015dismissed as infructuous

Mrs.Vanitha v. The Secretary To Government

2016-03-21Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice S. Nagamuthu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2016 Coram :

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM H.C.P.No.2749 of 2015 Vanitha ... Petitioner Vs.

1. The Secretary to Government of India, Department of Consumer Affairs, Krishi Bhavan, New Delhi-110 001.

2. The State of Tamil Nadu rep. by its Secretary to Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai-600 009.

3. The District Collector and District Magistrate, Erode District, Erode.

... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of a writ of Habeas Corpus, calling for the records of the 3rd respondent in Cr.M.P.No.33/Black Marketer/2015/C1 dated 14.09.2015 and quash the same thereby directing the detenu Mr.Janakiraman, S/o.Madhu lodged in Central Prison, Coimbatore to be produced before this Court and set him at liberty.

For petitioner : Mr.V.Jeevagiridharan For 1st Respondent : Mr.S.S.Arockiam, Central Government Standing Counsel For Respondents : Mr.A.N.Thambidurai, 2 & 3 Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.NAGAMUTHU, J.) Challenging the detention order dated 14.09.2015, made in Cr.M.P.No.33/Black Marketer/2015/C1 by the District Collector and the District Magistrate, Erode District- the 3rd respondent herein, the petitioner, who is the wife of the detenu Janakiraman, has come up before this Court with this Habeas Corpus Petition.

2.

Heard the learned Counsel appearing for the petitioner, the learned Central Government Standing Counsel appearing for the 1st respondent and the Additional Public Prosecutor appearing for the respondents 2 and 3. We have also perused the records carefully.

3.

A perusal of the detention order would go to show that it was passed for a period of six months from the date of the order i.e. from 14.09.2015 and the detenu was detained on 14.09.2015 itself. The period has already expired. Thus, nothing survives in this Habeas Corpus Petition. 4.

In the result, the Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tsi To:

1. The Secretary to Government of India, Department of Consumer Affairs, Krishi Bhavan, New Delhi-110 001.

2. The Secretary to Government, State of Tamil Nadu, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai-600 009.

3. The District Collector and District Magistrate, Erode District, Erode.

4. The Superintendent, Central Prison, Coimbatore.

5. The Public Prosecutor, High Court, Madras +1cc to Mr.S.S.Arockiam, Advocate, S.R.No.17813 H.C.P.No.2749 of 2015 EV(CO) CA(06/04/2016)