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Madras High CourtHCP/1011/2024dismissed as infructuous

Mala v. State Of Tamil Nadu Rep.By Its

2024-07-26Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024 CORAM :

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

1.The State of Tamil Nadu Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Magistrate and District Collector, Tiruvallur Distrit, Tiruvallur.

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

4.The Inspector of Police, Kanakama Chattram Police Station, Tiruvallur District.

5.The Superintendent.

Central Prison, Puzhal, Chennai-600 066.

... 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 entire records relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 08.04.2024 on the file of the second respondent herein made in proceedings BCDFGISSSV No.09/2024 and quash the same as illegal and consequently, direct the respondents herein to produce the said petitioner's husband namely Vaaraja, aged 47 years, son of Govindasamy, before this Court and set him at liberty, now the petitioner's husband detained at Central prison, Puzhal, Chennai. For Petitioner :

Mr.C.C.Chellappan 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 detenu viz., Vaaraja, aged 47 years, son of Govindasamy, detained at Central prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent dated 08.04.2024 slapped on her husband, branding him as "Bootlegger" 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that the order of detention passed by the second respondent as against the petitioner's husband, dated 08.04.2024 has been revoked by the Government in G.O.Rt.No.3293, Home, Prohibition and Excise (XI) Department, dated 28.05.2024 and he has also produced a copy of the said order.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] 26.07.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

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

2.The District Magistrate and District Collector, Tiruvallur Distrit, Tiruvallur.

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

4.The Inspector of Police, Kanakama Chattram Police Station, Tiruvallur District.

5.The Superintendent.

Central Prison, Puzhal, Chennai-600 066.

6.The Joint Secretary, Law and Order Department, Secretariat, Chennai.

7.The Public Prosecutor, High Court, Madras.

26.07.2024