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Madras High CourtHCP/1470/2017closed

Jeyammal, 53 Yrs, v. The Secretary To Government,

2017-12-06Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.12.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDHER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1470 of 2017 Jeyammal ... Petitioner Vs.

1.The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Fort St. George, Chennai - 600 009.

2.The District Magistrate and District Collector, Collectorate, Namakkal District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records relating to the petitioner's husband detentioon under Tamil Nadu Act 14 of 1982 vide detention order, dated 27.07.2017 on the file of the second respondent herein made in proceedings Memo C.M.P.No.07/Bootlegger/2017/M1, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Seeni @ Sennivasan, S/o.Annamalai, aged 38 years before this Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained at Central Prison, Salem. For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.V.M.R.Rajentran, Addl. Public Prosecutor.

O R D E R

(Order of the Court was made by RAJIV SHAKDHER, J)

1. The petitioner is the wife of the detenu, namely, Seeni @ Sennivasan, S/o.Annamalai, male, aged about 38 years. The detenu stands detained by the second respondent by virtue of his order bearing C.M.P.No.07/Bootlegger/ 2017/ M1, dated 27.07.2017, wherein, he has been held to be a "Bootlegger", within the meaning of Section 2(b) of Tamil Nadu Act 14 of 1982. 1.1. The said order is under challenge in this Habeas Corpus Petition.

2. The learned Additional Public Prosecutor submits that the said order of detention, passed by the second respondent against the husband of the petitioner has been revoked by the Government in G.O.Rt.No.4796, Home, Prohibition & Excise (XIV) Department dated 03.10.2017; a copy of the order has also been produced.

3. The submission of the learned Additional Public Prosecutor, is taken on record. Accordingly, the petition is closed, as the same has been rendered infructuous.

(R.S.A., J.) (N.S.K., J.) 06.12.2017 Index : yes/no vsm

To 1.The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Fort St. George, Chennai - 600 009.

2.The District Magistrate and District Collector, Collectorate, Namakkal District.

3.The Superintendent, Central Prison, Namakkal.

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

RAJIV SHAKDHER, J.

and N.SATHISH KUMAR, J.

vsm H.C.P.No.1470 of 2017 06.12.2017