Gunasoundari v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2024 CORAM :

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

1. The Secretary to Government, Home Prohibition & Excise Department, Secretariat, Chennai-600 009.

2.The District Collector and District Magistrate, Coimbatore, 3.The Superintendent of Police, Coimbatore,

4. The Superintendent, Central Prison, Coimbatore.

5.State Rep. by The Inspector of Police, Periyanickanpalayam Prohibition Enforcement Wing, Coimbatore.

... 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 made in Cr.M.P.No.05/B.L/2024 dated 17.02.2024 on the file of the second respondent herein and quash the same as illegal and direct the respondents to produce the detenue, Radhakrishnan, S/o.Ramasamy, aged about 53 years now confined at Central Prison, Coimbatore, before this Court and set him at liberty.

For Petitioner :

Mr.Saranraj For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor - - - - - - - - -

O R D E R

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner is the wife of the detenu viz., Radhakrishnan, S/o.Ramasamy, aged about 53 years, now confined at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent dated 17.02.2024, branding him as "Bootlegger" 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that the order of detention passed by the second respondent as against the petitioner's husband, dated 17.02.2024 has been revoked by the Government in G.O.Rt.No.1948, Home, Prohibition and Excise (XII) Department, dated 03.04.2024 and he has also produced a copy of the said order.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] 26.06.2024 Anu Internet : Yes Index : Yes / No To

1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

3. The Superintendent of Police, Coimbatore, 4.The Superintendent, Central Prison, Coimbatore.

5.The Inspector of Police, Periyanaickenpalayam Prohibition Enforcement Wing,

6.The Public Prosecutor, High Court, Madras.

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu 26.06.2024