Krishnamurthi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.961 of 2022 Krishnamurthi S/o.Govindharaj ... Petitioner Vs.

1.The State of Tamil Nadu, represented by its Additional Chief Secretary to Government, Prohibition and Excise Department (Home), Fort St.George, Chennai - 600 009.

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

3.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

4.The Superintendent of Prison, Special Prison for Women, Thiruchirappalli.

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5.The Inspector of Police, Thiruvenkadu Police Station, Mayiladuthurai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus calling for the entire records pertaining to the detention order dated 03.05.2022 in C.O.C.No.11/2022 passed by the second respondent and issue direction to produce the detenue, namely, Murugeswari W/o.Krishnamoorthy, aged 59 years, presently confined at Special Prison for Women, Thiruchirapalli, before this Court and set her at liberty forthwith and quash the same.

For Petitioner :

Mr.Swami Subramanian For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

O R D E R

[Made by P.N.PRAKASH, J.] The petitioner is the husband of the detenue viz., Murugeswari W/o.Krishnamoorthy, aged 59 years. The detenue has been detained by the second respondent by his order in C.O.C.No.11/2022 dated 03.05.2022, holding her to be a "Bootlegger", as contemplated under Section 2(b) of the Tamil Nadu Act, 14/1982. The said order is under challenge in this Habeas Corpus Petition.

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2. Learned Additional Public Prosecutor would submit that the detention order passed against the detenue in C.O.C.No.11/2022 dated 03.05.2022, on the file of the second respondent is revoked vide G.O.Rt.No.4290, Home, Prohibition and Excise (XV) Department, dated 11.07.2022 and produced a copy of the said order. In view of the above, this petition is closed as it has become infructuous.

[PNP, J.] [SM, J.] 21.11.2022 Index: Yes/No gm To 1.The Additional Chief Secretary to Government, Prohibition and Excise Department (Home), Fort St.George, Chennai - 600 009.

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

3.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

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P.N.PRAKASH, J.

and SUNDER MOHAN, J.

gm 4.The Superintendent of Prison, Special Prison for Women, Thiruchirappalli.

5.The Inspector of Police, Thiruvenkadu Police Station, Mayiladuthurai 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.

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