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Madras High CourtHCP/1169/2023dismissed as infructuous

Kasthuri v. The Secretary To Government

2023-10-12Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P. No.1169 of 2023 Kasthuri ... Petitioner Vs.

1.The State of Tamil Nadu rep. By its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.

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

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

4.The Superintendent, Central Prison, Vellore.

5.The Inspector of Police, Thanipadi Police Station, Thiruvannamalai District.

... Respondents Petition filed under Article 226 of The Constitution of India praying for issuance of a writ of habeas corpus to call for the records of the detention made in D.O.No.53/2023-C2 dated 29.05.2023 on the

file of the second respondent herein and set aside the same and direct the respondents to produce the detenu Thiru.Settu, son of Thirumalai, aged 41 years, now confined in Central Prison, Vellore before this Court and set him at liberty.

For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner challenges the impugned order of detention in D.O.No.53/2023-C2 dated 29.05.2023 detaining her husband as "Bootlegger", as contemplated under Section 2(b) of the Tamil Nadu Act 14 of 1982.

2. Learned Additional Public Prosecutor for the respondents submits that the order of detention has been revoked by the Advisory Board vide G.O.Rt.No.3745, Home, Prohibition and Excise (XI) Department dated 11.07.2023.

3. Recording the above submission made by the learned Additional Public Prosecutor, this habeas corpus petition is dismissed as having become infructuous.

(S.S.S.R., J.) (S.M., J.) 12.10.2023 Index : Yes / No mmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.

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

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

4.The Superintendent, Central Prison, Vellore.

5.The Inspector of Police, Thanipadi Police Station, Thiruvannamalai District.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mmi H.C.P. No.1169 of 2023 12.10.2023