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Madras High CourtHCP/1953/2017closed

A.Santhi, F/A-59 Years v. State Rep.By

2017-12-22Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER And THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1953 of 2017 A.Santhi ... Petitioner -vs1.State rep by Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector & The District Magistrate, T.V.Malai, T.V.Malai District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records in D.O.No.36/2017-C-2 passed by the second respondent on 01.10.2017 set aside the same and direct the respondents to produce the Gowri wife of (Late) Dharuman, aged 38 years, who is now detained in Special Prison for women, Vellore, before this Hon'ble Court and set her at liberty.

For Petitioner :

Mr.S.Swamidoss Manokaran For Respondents :

Mr.V.M.R.Rajentran Additional Public Prosecutor

O R D E R

[Order of the Court was made by RAJIV SHAKDHER, J.]

1. The petitioner is the sister of the detenue, namely, Gowri, W/o.(Late) Dharuman, female, aged about 38 years. The detenue stands detained by the second respondent by virtue of his order bearing D.O.No.36/2017-C2 dated 01.10.2017, wherein, she has been held to be a "Bootlegger", within the meaning of Section 2(b) of the 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submits that the said order of detention, passed by the second respondent against the sister of the petitioner has been revoked by the Government in G.O.Rt.No.5882, Home, Prohibition & Excise (XI) Department dated 12.12.2017; a copy of the order has also been produced.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.] 22.12.2017 Speaking Order/ Non Speaking Order Index : Yes / No Internet : Yes / No pri To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector & The District Magistrate, T.V.Malai, T.V.Malai District.

3.The Superintendent, Special Prison for Women, Vellore.

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

RAJIV SHAKDHER, J.

And N.SATHISH KUMAR, J.

pri H.C.P.No.1953 of 2017 22.12.2017