Razia Begum v. The Secretary To Govt.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2016

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM HCP.No.3043 of 2015 Razia Begum ... Petitioner Vs 1.The Secretary to Government Ministry of Consumer Affairs Food and Public Distribution (Department of Consumer Affairs) No.270, "Krishi Bhavan"

New Delhi 110 001.

2.The Secretary to Government Food & Consumer Protection Department 2nd Floor, Namakkal Kavignar Maaligai Secretariat, Chennai 600 009.

3.The District Collector & District Magistrate Villupuram District, Villupuram.

... Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus calling for the records in C2/22273/2015 dated 15.11.2015 on the file of the third respondent herein and quash the same as illegal and consequently direct the respondents to produce the petitioner's son Appu @ Idhayathullah S/o Noorudeen, aged about 30 years, who now confined in Central Prison, Cuddalore, before this Court and set him at liberty.

For Petitioner :

Mr.K.Gandhi Kumar For Respondents :

Mr.S.Arockiam CGSC for R1 Mr.A.N.Thambi Durai Additional Public Prosecutor for RR2 and 3

ORDER

[Order of the court was delivered by S.NAGAMUTHU, J.] The petitioner, who is the mother of the detenu, viz., Appu @ Idhayathullah, son of Noorudeen, aged 30 years, has come forward with this petition challenging the detention order passed by the 3rd respondent dated 15.11.2015 against her son branding him as a "Black Marketer" under Section 3(2)(a) r/w 3

(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act No.7 of 1980). 2.The learned Additional Public Prosecutor would submit that the order of detention passed by the 3rd respondent as against the son of the petitioner dated 15.11.2015 has been revoked by the Government in G.O. [Rt] No.576 dated 23.12.2015 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as infructuous. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gms To 1.The Secretary to Government Ministry of Consumer Affairs Food and Public Distribution (Department of Consumer Affairs) No.270, "Krishi Bhavan"

New Delhi 110 001.

2.The Secretary to Government Food & Consumer Protection Department 2nd Floor, Namakkal Kavignar Maaligai Secretariat, Chennai 600 009.

3.The District Collector & District Magistrate Villupuram District, Villupuram.

4.The Superintendent, Central Prison, Cuddalore.

5.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.S.Arockiam, Advocate, S.R.No.20799 HCP.No.3043 of 2015 MP(CO) CA(11/05/2016)