Kaviya v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MRS. JUSTICE R.HEMALATHA H.C.P.No.1094 of 2021 Kaviya W/o.Suresh Kumar .. Petitioner Vs.

1.The Secretary to the Government, Government of Tamil Nadu, (Home), Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, 3.The Superintendent of Police, 4.The Inspector of Police, C-3, Manimangalam Police Station, Kancheepuram District.

5.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the entire reocrds connected with the order of second respondent herein in BCDFGISSSV No.26/2021 dated 19.06.2021 passed against the petitioner's husband, the detenu, namely, Suresh Kumar @ Mental Suresh s/o.Vijayakumar, aged about 25 years, who is confined at Central Prison, Puzhal and set aside the same and consequently, direct the respondents herein to produce the body and person of the detenu before this Court and set him at liberty forthwith.

For Petitioner :Mr.D.Magesh For Respondents :Mr.R.Muniyapparaj Additional Public Prosecutor *****

O R D E R

[Order of the Court was made by R.HEMALATHA, J] The petitioner is the wife of the detenu viz., Suresh Kumar @ Mental Suresh s/o.Vijayakumar, aged about 25 years. The detenu has been detained by the second respondent by his order in BCDFGISSSV No.26/2021 dated 19.06.2021, holding him to be a "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. Learned Additional Public Prosecutor would submit that the detention order passed against the detenu in BCDFGISSSV No.26/2021 dated 19.06.2021, on the file of the second respondent is revoked vide G.O.Rt.No.3335, Home, Prohibition and Excise (XI) Department, dated 28.07.2021 and produced a copy of the said order.

In view of the above, this petition is closed as it has become infructuous.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar gm To 1.The Secretary to the Government, Government of Tamil Nadu, (Home), Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate,

3.The Superintendent of Police, 4.The Inspector of Police, C-3, Manimangalam Police Station, Kancheepuram District.

5.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

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

7.The Public Prosecutor, High Court, Madras.

H.C.P.No.1094 of 2021 SS(CO) CB(03/12/2021)