Annal v. The Secretary To Government
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.2988 of 2015 Annal ... Petitioner Vs.
1. The Secretary to Government of India, Ministry of Consumer Affairs, Food and Distribution Department (Department of Consumer Affairs), Room No.270, Krishi Bhavan, New Delhi-110 001.
2. The Secretary to Government State of Tamil Nadu Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai 600 009.
3. The Commissioner of Police, Greater Chennai, Chennai-7.
4. The Inspector of Police, Civil Supplies CID., Chennai Unit, Chennai-53.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, directing the respondents to produce the detenu Thiru Paulraj, S/o.Navamani, aged about 57 years, residing at No.75/81, Karumel Jabavedu, Venkitapuram, Saidapet, Chennai, Tamil Nadu, confined at Central Prison, Puzhal, Chennai, as per the order of Preventive Detention passed by the 3rd respondent under Section 3
(1) read with Section 3(2)(b) of Black Marketing and Maintenance of Essential Commodities Act, 1980 before this Court and call for the records pertaining to the detention order of the 3rd respondent in Memo No.4/Black Marketing/2015 dated 23.10.2015 and quash the same and set the detenu at liberty.
For Petitioner :
Mr.P.Nagaraju For 1st respondent :
Mr.S.S.Arockiam, CGSC., For Respondents :
Mr.A.N.Thambidurai, 2 to 4 Additional Public Prosecutor
ORDER
(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner, who is the wife of the detenu Paulraj, son of Navamani, aged about 57 years, has come forward with this petition, challenging the detention order passed by the third respondent dated 23.10.2015 against her husband branding him as a "Black Marketer" under Section 3(1) read with Section 3(2)(b) of Black Marketing and Maintenance of Essential Commodities Act, 1980.
2.The learned Additional Public Prosecutor appearing for the respondents 2 to 4 would submit that the order of detention passed by the third respondent as against the husband of the petitioner dated 23.10.2015 has been revoked by the Government in G.O. [Rt] No.557, Cooperation, Food and Consumer Protection (E1) Department, dated 11.12.2015 and he has also produced a copy of the said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(J) //True Copy// Sub Assistant Registrar tsi To
1. The Secretary to Government of India, Ministry of Consumer Affairs, Food and Distribution Department (Department of Consumer Affairs), Room No.270, Krishi Bhavan, New Delhi-110 001.
2. The Secretary to Government State of Tamil Nadu Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai 600 009.
3. The Commissioner of Police, Greater Chennai, Chennai-7.
4. The Inspector of Police, Civil Supplies CID., Chennai Unit, Chennai-53.
5. The Public Prosecutor, Madras High Court, Madras.
H.C.P.No.2988 of 2015 KK(CO) CA(04/04/2016)