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Madras High CourtHCP/3046/2015dismissed

Kajamoideen v. The Secretary To Government

2016-04-01Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice S. Nagamuthu3 pages

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.3046/2015 Kajamoideen ..

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 C2/22275/20015 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 Habeeb Raghman S/o Kajamoideen, aged about 31 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 Addl.Public Prosecutor for RR2 and 3

ORDER

[Order of the court was delivered by S.NAGAMUTHU, J.] The petitioner, who is the father of the detenu, viz., Habeeb Raghman, son of Kaja Moideen, aged 31 years, has come forward with this petition challenging the detention order passed by the 3rd respondent dated 15.11.2015 against his son branding him as a "Black Marketer" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand 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that the order of detention passed by the 3rd respondent as against the son of the petitioner dated 15.11.2015 has been revoked by the Government in G.O. [Rt] No.569 dated 22.12.2015 and he has also produced a copy of the said order.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. -s/dAssistant Registrar 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 Public Prosecutor, High Court, Chennai. +1 cc to Mr.S.Arockiam Advocate sr.20997 HCP.No.3046/2015 aa27/04/2016