S.Peter v. State Rep. By

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.2996/2015 S.Peter ..

Petitioner vs.

1. The Secretary to Government State of Tamil Nadu, Co-Operation, Food and Consumer Protection Department, Fort Saint George, Chennai 600 009.

2.The Additional Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution Department (Department of Consumer Affairs), Room No.270, Krishi Bhavan, New Delhi-110 001.

3.The Commissioner of Police, Greater Chennai, Chennai-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 records of the 1st respondent, pertaining to the order made in Memo No.3/Black Marketing Act/2015 dated 23.10.2015 in detaining the detenu under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980), as a Black Marketer and quash the same and direct the respondents to produce the detenu, namely, J.Baskar @ Stephen Baskar, son of Jesubalan who is detained at the Central Prison, Puzhal, Chennai, before this Court and set him at liberty.

For Petitioner .. Mr.J.Franklin For 2nd respondent ..

Mr.S.S.Arockiam, CGSC., For Respondents .. Mr.A.N.Thambidurai,APP 1 and 3

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner, who is the brother of the detenu J.Baskar @ Stephen Baskar, son of Jesubalan, aged about 42 years, has come forward with this petition, challenging the detention order passed by the third respondent dated 23.10.2015 against his brother branding him as a "Black Marketer" under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980). 2.The learned Additional Public Prosecutor appearing for the respondents 1 and 3 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the order of detention passed by the third respondent as against the husband of the petitioner dated 23.10.2015 has been revoked by the Government in G.O. [Rt] No.554, Cooperation, Food and Consumer Protection (E1) Department, dated 10.12.2015 and he has also produced a copy of the said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 Addl. Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution Department (Department of Consumer Affairs), Room No.270, Krishi Bhavan, New Delhi-110 001.

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

3.The Commissioner of Police, Greater Chennai, Chennai-7.

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

5.The Superintendent, Central Prison, Puzhal, Chennai.

H.C.P.No.2996/2015 kk co kra 04.04.2016