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Madras High CourtHCP/1132/2024dismissed as infructuous

S.Kokila v. The Secretary To Government

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 S.Kokila ... Petitioner/wife of the detenue Vs.

1.The Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Office of the Commissioner of Police, Avadi Commissionerate, Avadi.

3.The Superintendent of Police, Central Prison, Puzhal, Chennai.

4.The Inspector of Police, T-2, Ambattur Estate Police Station, 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, to call for the records pertaining to the order of detention passed by the second respondent in his proceedings in No.32/BCDFGISSSV/2024, dated 08.04.2024 and quash the same as illegal and produce the detenue, namely Sathish @ Thoppai Sathish, S/o.Selvamani, aged 35 years, Goonda, now he is confined at Central Prison-II, Puzhal, Chennai and set him at liberty. For Petitioner :

Mr.C.Raja 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., Sathish @ Thoppai Sathish, S/o.Selvamani, aged 35 years, confined at Central Prison-II, 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 "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that the order of detention passed by the second respondent as against the petitioner's husband, dated 08.04.2024 has been revoked by the Government in G.O.Rt.No.3271, Home, Prohibition and Excise (XIII) Department, dated 27.05.2024 and he has also produced a copy of the said order.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.The Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Office of the Commissioner of Police, Avadi Commissionerate, Avadi.

3.The Superintendent of Police, Central Prison, Puzhal, Chennai.

4.The Inspector of Police, T-2, Ambattur Estate Police Station, Chennai.

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

6.The Public Prosecutor, High Court, Madras.

26.07.2024