Thavamani v. Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Thavamani ... Petitioner Vs.

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

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

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

4.The Superintendent, Central Prison, Cuddalore.

5.The Inspector of Police, Prohibition Enforcement Wing, Panruti.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus calling for the entire records leading to the detention of petitioner's husband who is detained as Bootleger at 4th respondent/Central Prison, Cuddalore by the 2nd respondent vide his order C.3/D.O./16/2023 dated 30.05.2023 and quash the same as illegal and consequently direct the 5th respondent to produce the body of the detenue Babu S/o.Arumugam aged about 62 years from the 4th respondent before this Court and set him at liberty. For Petitioner :

Mr.Om Sai Ram For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, wife of the detenu, namely Babu, aged 62 years, S/o.Arumugam, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 30.05.2023 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 30.05.2023 has been revoked by the Government in G.O. [Rt] No.3527, Home, Prohibition & Excise (XI) Department, dated 30.06.2023 and he has also produced a copy of the said order.

3.Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous. (S.S.S.R., J.) (S.M., J.) 17.10.2023 mkn Internet : Yes Index : Yes / No

To 1.The Principal Secretary, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

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

4.The Superintendent, Central Prison, Cuddalore.

5.The Inspector of Police, Prohibition Enforcement Wing, Panruti.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 17.10.2023