Palniammal v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA H.C.P.NO.1334 OF 2021 Palniammal W/o.Kasilingam @ Katturaja .. Petitioner Vs.

1. The State of Tamil Nadu, represented by Secretary to Government, Prohibition & Excise Department, Fort St.George, Chennai - 600 009.

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

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

4. The Inspector of Police, Prohibition Enforcement Wing, Panruti Police Station, Cuddalore District.

5. The Superintendent, Central Prison, Cuddalore.

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the records relating to the detention order dated 30.07.2021 passed by the second respondent in proceedings in C3/D.O./27/2021 and quash the same and direct the respondents herein to produce the petitioner's husband namely Kasilingam @ Katturaja s/o.Thambusamy, aged about 51 years, residing at No.70, West Street, Keerapalaiyam, Vellakarai, Cuddalore District, who is presently undergoing detention in the Central

Prison, Cuddalore, as Bootlegger u/s.2(f) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, immoral Traffic Offenders, Sand Offenders Slum Grabbers and Viedo pirates Act 1982,(Tamil Nadu Act 14 of 1982) before this Court and set him at liberty. For Petitioner :

Mr.M.Selvam For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] The petitioner is the wife of the detenu viz., Kasilingam @ Katturaja s/o.Thambusamy, aged about 51 years. The detenu has been detained by the second respondent by his order in C3/D.O./27/2021 dated 30.07.2021, holding him to be a "Bootlegger", as contemplated under Section 2 (b) 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 C3/D.O./27/2021 dated 30.07.2021, on the file of the second respondent is revoked vide G.O.Rt.No.5075, Home, Prohibition and Excise (XI) Department, dated 28.10.2021 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 nsd To

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

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

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

4. The Inspector of Police, Prohibition Enforcement Wing, Panruti Police Station, Cuddalore District.

5. The Superintendent, Central Prison, Cuddalore.

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.1334 of 2021 SMI(CO) PM/25/01/2022