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Madras High CourtHCP/808/2022closed

K.Karthi v. The Secretary To Government

2022-11-15Honourable Mr Justice P. N. Prakash,Honourable Mr Justice Rmt. Teekaa Raman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN K.Karthi .. Petitioner Vs 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police/ Detaining Authority, Huzur Road, Coimbatore City, Coimbatore -18.

3. The Addl.Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Dept. of consumer Affairs), Room No.270, Krishi Bhawan, New Delhi - 110 001

4. The Superintendent of Prison, Central Prison- Coimbatore, Coimbatore District.

5. State represented by its The Inspector of Police, CS-CID-Coimbatore, Coimbatore District.

... Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus call for the entire records relating to the petitioner's father detention under Tamil Nadu Act 14 of 1982 vide detention order dated 28.04.2022 on the file of the second respondent herein made in proceedings Memo C.No.02/PBMMSEC Act/IS/2022 and quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's father, viz. D.Chinnappa @ Kannan, S/o.Devaraj, aged 39 years, before this Court and set the petitioner's father at liberty from detention, now the petitioner's father is detained at Central Prison, Coimbatore. For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

ORDER

(Made by P.N.PRAKASH, J.) The petitioner challenges the impugned order of detention in Memo C.No.02/PBMMSEC Act/IS/2022 dated 28.04.2022 detaining his father under Section 3(2)(b) /w 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.194, Co-operation, Food and Consumer Protection (E1) Department, dated 24.05.2022 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed.

(P.N.P., J.) (TKRJ) 15.11.2022 Index: Yes/No nsd

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

2.The Commissioner of Police/ Detaining Authority, Huzur Road, Coimbatore City, Coimbatore -18.

3. The Addl.Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Dept. of consumer Affairs), Room No.270, Krishi Bhawan, New Delhi - 110 001

4. The Superintendent of Prison, Central Prison- Coimbatore, Coimbatore District.

5. The Inspector of Police, CS-CID-Coimbatore, Coimbatore District.

6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

7.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

nsd 15.11.2022