Mutharasi v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MS. JUSTICE R.N.MANJULA H.C.P.No.1392 of 2021 Mutharasi D/o.Jayavel ..Petitioner/Sister of the Detenue Vs.

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

2. The District Collector and District Magistrate, Collector's Office, Ranipet District, Ranipet.

3. The Superintendent of Prison, Central Prison, Vellore District.

4. The Superintendent of Police, Ranipet, Ranipet Distric.t

5. The Inspector of Police, Rahinagiri Police Station, Ranipet District.

(Crime No.210/2021) ..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 records relating to the petitioner's brother detention under Tamil Nadu Act14 of 1982 vide detention order dated 20.08.2021 on the file of the second respondent herein made in proceedings Memo B3/D.O.No.67/2021, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's brother, namely, Manickbasha s/o.Jayavel, aged 24 years, before this Court, who is now detained at Central Prison, Vellore and set him at liberty. For Petitioner :

Mr.G.P.Sivakumar For Respondents:

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.N.MANJULA, J] The petitioner is the sister of the detenu viz., Manickbasha s/o.Jayavel, aged 24 years. The detenu has been detained by the second respondent by his order in B3/D.O.No.67/2021 dated 20.08.2021, holding him to be a "Bootlegger", as contemplated under section 2(b) of the Tamil Nadu Act 14/1982. 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 B3/D.O.No.67/2021 dated 20.08.2021, on the file of the second respondent is revoked vide G.O.Rt.No.5110, Home, Prohibition and Excise (IX) Department, dated 29.10.2021 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-V) //True Copy// Sub Assistant Registrar gm To

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

2. The District Collector and District Magistrate, Collector's Office, Ranipet District, Ranipet.

3. The Superintendent of Prison, Central Prison, Vellore District.

4. The Superintendent of Police, Ranipet, Ranipet Distric.t

5. The Inspector of Police, Rahinagiri Police Station, Ranipet District.

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.1392 of 2021 PVS(CO) RGA(12/01/2022)