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Madras High CourtHCP/281/2024dismissed as infructuous

Ezhilarasi v. State Of Tamlnadu, Rep. By

2024-06-14Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Ezhilarasi ... Petitioner/wife of the detenue Vs.

1.State of Tamilnadu, Rep. by the Additional Chief Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

3.The Inspector of Police, M-1, Madhavaram Police Station, Chennai.

4.The Superintendent of Prison, Central Prison-II, Puzhal, Chennai-600 066.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the records relating to the detention order in Memo No.48/BCDFGISSSV/2024 dated 23.01.2024 passed by the second respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's husband Thiru.Thangapandian, S/o.Azhagarsamy, aged about 45 years, the detenue, now confined at Central Prison, Puzhal, Chennai before this Court and set him at liberty.

For Petitioner :

Mr.R.Muthukumar For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

O R D E R

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner herein who is the wife of the detenu viz., Thangapandian, S/o.Azhagarsamy, aged about 45 years, confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent dated 23.01.2024 slapped on her husband, branding him as "Goonda" 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that the order of detention passed by the second respondent as against the petitioner's husband, dated 23.01.2024 has been revoked by the Government in G.O.Rt.No.1438, Home, Prohibition and Excise (XIII) Department, dated 11.03.2024 and he has also produced a copy of the said order.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 the same has become infructuous. [M.S.R., J] [S.M., J] 14.06.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Additional Chief Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

3.The Inspector of Police, M-1, Madhavaram Police Station, Chennai.

4.The Superintendent of Prison, Central Prison-II, Puzhal, Chennai-600 066.

5.The Public Prosecutor, High Court, Madras.

14.06.2024