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Madras High CourtHCP/824/2018closed

Mrs.S.Ponmalar, M/A 25 Years, v. The State Rep By Its,

2018-08-29Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.824 of 2018 S.Ponmalar ... Petitioner -Vs1.The State, rep. by its Secretary, Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai -600 009.

2. The State, rep. by its District Collector and District Magistrate, Kancheepuram District, Kancheepuram.

3. The State, rep. by its Inspector of Police, Thiruporur Police Station, Kancheepuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records of the second respondent in BCDFGISSSV No.22/2018, dated 05.04.2018 and quash the same and thereby direct the respondents to produce the body of the detenue namely Thiru.Sylu @ Sylender S/o Gangadharan, aged about 30 years [Detenue] now detained at Central Prison, Puzhal, Chennai before this Court. For Petitioner :

Mr.Arun G For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor ***

ORDER

[Order of the Court was made by C.T.SELVAM, J.] The petitioner, who is the wife of the detenu herein, viz., Shylu @ Shylender son of Gangadharan, aged 30 years, has come forward with this petition challenging the detention order

passed by the second respondent by his order in BCDFGISSSV No.22/2018, dated 05.04.2018 against her husband branding him as a "Goonda" 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 05.04.2018 has been revoked by the Government in G.O.Rt.No.2117, Home, Prohibition & Excise [XI] Department dated 01.06.2018 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition is closed as the same has become infructuous.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kmi To 1.The Secretary, Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai -600 009.

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

3. The Inspector of Police, Thiruporur Police Station, Kancheepuram District.

4.The Superntendent, Central Prison, Puzhal, Chennai.

5.The Joint Secretary, Public(Law & Order) Fort St George, Chennai-9.

6.The Public Prosecutor, High Court, Madras.

H.C.P.No.824 of 2018 kji(co) nr 03/10/2018