Abdul Rahuman v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2015

CORAM:

THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P.No.579/2015 Abdul Rahuman ..

Petitioner vs.

1.The Secretary to Government State of Tamilnadu, Home, Prohibition & Excise Department, Fort St George Chennai 600009.

2.The Commissioner of Police/Detaining Authority O/o.The Commissioner office, Coimbatore City. 3.The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, [Dept. of Consumer Affairs], Room No.270 Krishi Bhawan, New Delhi 110001.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the entire records relating to petitioner's son detention u/s.3[1] r/w 3 [2][b] of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 [Central Act 7 of 1980] vide detention order dated 13.02.2015 on the file of the 2nd respondent herein made in proceedings Memo C.No.02/PBMMSEC Act/IS/2015, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely M.Mohamed Najeeb, son of Abdul Rahuman, aged 28 years, before this Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison, Coimbatore.

For Petitioner .. Mr.K.R.Ramesh For RR 1 & 2 .. Mr.M.Maharaja, APP

ORDER

(Order of the Court was made by S.TAMILVANAN, J.) The petitioner, who is father of the detenu herein, viz., M.Mohamed Najeeb, son of Abdul Rahuman, aged 28 years, has come forward with this petition challenging the detention order passed by the second respondent dated 13.02.2015 against his son branding him as a "Black Marketer" under the Tamil Nadu Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 [Central Act 7 of 1980].

2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the son of the petitioner herein dated 13.02.2015 has been revoked by the Government in G.O. [Rt] No.134, Cooperation, Food and Consumer Protection [E1] Department dated 01.04.2015 and he has also produced a copy of the said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/- Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar AP To 1.The Secretary to Government State of Tamilnadu, Home, Prohibition & Excise Department, Fort St George, Chennai 600009. 2.The Commissioner of Police/Detaining Authority O/o.The Commissioner office, Coimbatore City. 3.The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, [Dept. of Consumer Affairs], Room No.270 Krishi Bhawan, New Delhi 110001.

4.The Public Prosecutor, Madras High Court, Madras. 5.The Superintendent of Central Prison, Coimbatore. +1 cc to Mr.D.Ramesh Kumar, Advocate sr.38299 H.C.P.No.579/2015 gp(co) aa18/08/2015