S.Sumithra v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2019

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH AND THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR H.C.P. No. 544 of 2019 S.Sumithra

...Petitioner/Wife of the Detenue

-vs1.The Secretary to the Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Vellore District, Vellore - 632 009.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records related to the detention order dated 13.02.2019 passed by the second respondent herein in C3/D.No.15/2019 in TPDA No. 7569 dated 13.02.2019 and quash the same and direct the respondent herein to produce the petitioner's husband namely S.Saravanan @ Karadi Saravanan, S/o. Subramani, Male, aged about 30 years residing at New Street, Vandranthangal, Katpadi Taluk, Vellore District - 632 509, who is presently under going detention in the Central Prison, Vellore under sub section(1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Sand Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers, Video Pirates Act, 1982(Tamil Nadu Act 14/1982) before this Hon'ble Court and set him at liberty.

For Petitioner : Mr.J.Prakasam For Respondents : Mr.C.Iyyappa Raj Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner challenges the impugned order of detention in C3/D.No.15/2019 in TPDA No. 7569, dated 13.02.2019, detaining her husband as "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

2. The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.1038 Home, Prohibition and Excise (IX) Department, dated 25.03.2019 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mmi/ssm To:

1.The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Chennai - 600 009.

2.The District Collector and District Magistrate, Vellore District, Vellore - 632 009.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

5.The Secretary to Government, Public (Law and Order) Department, Chennai-9.

H.C.P. No. 544 of 2019 NMI(CO) RRS(30/07/2019)