Tmt.Vijayalakshmi, 31 Yrs, v. Secretary,Home, Prohibition

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.2088 of 2017 Tmt.Vijayalakshmi ... Petitioner -vs1.The State of Tamil Nadu, Represented by its Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records made in C.M.P.No.61/Goonda/C2/2017 dated 26.10.2017 on the file of second respondent herein and quash the same as illegal and direct the respondents to produce the detenue Arul @ Arul Prakash, son of Arumugam, aged 40

years, now confined at Central Prison, Salem, before this Hon'ble Court and set him at liberty.

For Petitioner :

Mr.R.Sankarasubbu 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 wife of the detenu, namely, Arul, alias, Arulprakash, S/o.Arumugam, male, aged about 40 years. The detenu stands detained by the second respondent by virtue of his order bearing C.M.P.No.61/Goonda/C2/2017 dated 26.10.2017, wherein, he has been held to be a "Goonda", within the meaning of Section 2(f) 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submits that the said order of detention, passed by the second respondent against the husband of the petitioner has been revoked by the Government in G.O.Rt.No.5903, Home, Prohibition & Excise (XIV) Department dated 12.12.2017; a copy of the order has also been produced.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, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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

3.The Superintendent, Central Prison, Salem.

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

RAJIV SHAKDHER, J.

And N.SATHISH KUMAR, J.

pri H.C.P.No.2088 of 2017 22.12.2017