Kalaiselvi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2023 CORAM :

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

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

2.The Commissioner of Police / Detaining Authority, Tiruppur City, Tiruppur District.

3.The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.

4.State represented by its The Inspector of Police, Tiruppur South Police Station, Tiruppur District.

... 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 entire records, relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 13.06.2023 on the file of the second respondent herein made in proceedings Memo C.No.26/G/IS/Tiruppur city/2023 quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Murugan S/o.Albatraj, aged 31 years before this Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained at Central Prison, Coimbatore. For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

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

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, wife of the detenu, namely Murugan S/o.Albatraj, aged 31 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 13.06.2023 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 13.06.2023 has been revoked by the Government in G.O. [Rt] No.4051, Home, Prohibition & Excise (XII) Department, dated 26.07.2023 and he has also produced a copy of the said order.

3.Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as the same has become infructuous. (S.S.S.R., J.) (S.M., J.) 15.11.2023 mkn

Internet : Yes Index : Yes / No To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner of Police / Detaining Authority, Tiruppur City, Tiruppur District.

3.The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.

4.The Inspector of Police, Tiruppur South Police Station, Tiruppur District.

5.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 15.11.2023