Hemamalini v. The Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024 CORAM :

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

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

2.The Commissioner of police, Greater Chennai, Officer of Commissioner of Police, (Goondas Section), Vepery, Chennai 600 007.

3.The Inspector of Police, Central Crime Branch, Team 25, Land fraud investigation wing -II, Chennai 4.The Superintendent of Prison, Central Prison Puzhal, Chennai.

... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus calling for the

records in connection with the order of detention passed by the second respondent dated 20.03.2024 in Memo No.227/BCDFGISSSV/2024 against the petitioner's husband Kumar, son of Jayaraman, aged about 42 years, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Hon'ble Court and set him at liberty.

For Petitioner :

Mr.V.Parthiban For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner herein is the wife of the detenue viz., Kumar, S/o.Jayaraman, the detenue, now confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent dated 20.03.2024 slapped on her husband, branding him as "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that the order of detention passed by the second respondent as against the petitioner's husband, dated 20.03.2024 has been revoked by the Government in G.O.Rt.No.2688, Home, Prohibition and Excise (XI) Department, dated 03.05.2024 and he has also produced a copy of the said order.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] 11.07.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

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

2.The Commissioner of police, Greater Chennai, Officer of Commissioner of Police, (Goondas Section), Vepery, Chennai 600 007.

3.The Inspector of Police, Central Crime Branch, Team 25, Land fraud investigation wing -II, Chennai 4.The Superintendent of Prison, Central Prison Puzhal, Chennai.

6.The Public Prosecutor, High Court, Madras.

11.07.2024