Kalyanraj v. State Of Tamil Nadu

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.3223/2015 Kalyanraj .. Petitioner Vs 1.State of Tamil Nadu rep by its Secretary to Government Co-operation, Food and Consumer Protection Department Secretariat Chennai 600 009.

2.The Commissioner of Police Greater Chennai Police, Chennai.

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

.. Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus calling for the records relating to petitioner father's detention under Black Marketing and maintenance of supplies of essential commodities act as a 'Black Marketer' vide detention order, dated 27.11.2015 on the file of the second herein made in proceedings No.5/2015 and quash the same as illegal and consequently direct the respondents herein to produce the said petitioner's father, namely Joswa Gnanaraj, S/o Devaiah, aged 39 years before this Court and set the petitioner's father at liberty from detention, now petitioner's father detained at Central Prison, Puzhal, Chennai.

For Petitioner :

Mr.C.C.Chellappan For Respondents:

Mr.A.N.Thambi Durai Addl.Public Prosecutor for RR1 and 2 Mr.S.Arockiam CGSC for R3

ORDER

[Order of the court was delivered by S.NAGAMUTHU, J.] The petitioner, who is the son of the detenu, viz., Joswa Gananaraj, son of Devaiah, aged 39 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 27.11.2015 against his father branding him as a "Black Marketer" under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, (Central Act 7 of 1980).

2.The learned Additional Public Prosecutor would submit that the order of detention passed by the 2nd respondent as against the father of the petitioner dated 27.11.2015 has been revoked by the Government in G.O. [Rt] No.36 dated 14.01.2016 and he has also produced a copy of the said order.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(CCC) //True Copy// Sub Assistant Registrar To

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

2.The Commissioner of Police, Greater Chennai Police, Chennai.

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

4.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.S.Arockiam, Advocate Sr.20796 HCP.No.3223/2015 kk[co] srg 25/04/2016