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Madras High CourtHCP/1625/2017closed

Parameswari, Aged 35 Years, v. The State Of Tamil Nadu,

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.1625 of 2017 Parameswari ... Petitioner Vs.

1.The State of Tamil Nadu Represented by its Secretary to the Government Home, Prohibition and Excise Department Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Thiruvannamalai District Thiruvannamalai.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records of the detention made in D.O.No.30/2017-C2 dated 10.08.2017 passed by the District Collector and District Magistrate, Thiruvannamalai District, Thiruvannamalai the second respondent herein and set aside the same and direct the respondents to produce the detenu before this Court and set the detenu Thiru.Murugan, son of Singaravel, aged 36 years now confined in Central Prison, Vellore at liberty. For Petitioner : Mr.R.Balakrishnana 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, Murugan, S/o.Singaravel, male, aged about 36 years. The detenu stands detained by the second respondent by virtue of his order bearing D.O.No.30/2017-C2, dated 10.08.2017, 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submits that the said order of detention, passed by the second respondent against the husband of the petitioner has been revoked by the Government in G.O.Rt.No.4795, Home, Prohibition & Excise (XI) Department dated 03.10.2017; a copy of the order has also been produced.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 Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Thiruvannamalai District Thiruvannamalai.

3.The Superintendent, Central Prison, Vellore.

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

RAJIV SHAKDHER, J.

and N.SATHISH KUMAR, J.

vsm H.C.P.No.1625 of 2017 06.12.2017