Gunavathi v. The Principal Secretary To Governmnt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2024 CORAM :

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

Versus

1. The Principal Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai - 09.

2. The Commissioner of Police, Tambaram City.

3. The Superintendent of Prison, Central Prison II, Puzhal, Chennai - 66.

4. The Inspector of Police, L&O, T-1, Tambaram Police Station, Tambaram.

.. 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 in connection with the order of detention passed by the second respondent dated 22.03.2024 in BCDFGISSSV No.46/2024 against the 1/5

petitioner's husband namely M.Venkatesan, Male, aged 29 years, S/o.Manivannan, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty.

For Petitioner : Mr.S.Senthilvel For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner herein, who is the wife of the detenue viz., M.Venkatesan, S/o.Manivannan, now confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent, dated 22.03.2024 slapped on her husband, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982].

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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that the order of detention passed by the second respondent as against the petitioner's husband, dated 22.03.2024 has been revoked by the Government in G.O.Rt.No.2616, Home, Prohibition and Excise (X) Department, dated 02.05.2024 and he has also produced a copy of the said order.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] 12.07.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Principal Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai - 09.

2. The Commissioner of Police, Tambaram City.

3. The Superintendent of Prison, Central Prison II, Puzhal, Chennai - 66.

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4. The Inspector of Police, L&O, T-1, Tambaram Police Station, Tambaram.

5. The Public Prosecutor, High Court of Madras.

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M.S.RAMESH, J.

AND SUNDER MOHAN, J.

grs 12.07.2024 5/5