Jayalakshmi v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1107 of 2016 Jayalakshmi .. Petitioner/Husband of the detenue Vs 1.The Secretary to the Government, Department of Consumer Affairs, Government of India, "Krishi Bhavan", New Delhi-110 001.

2.The Secretary to the Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai-600 009.

3.District Collector and District Magistrate, Erode District, Erode.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records in connection with the order of detention passed by the second respondent, dated 10.5.2016, in Cr.M.P.No.08/Black Marketeer/2016 C1 against the petitioner's husband Maheswaran, aged about 44 years, son of Kulandaisamy, who is confined at the Central Prison, Coimbatore and set aside the same and to direct the respondents to produce the detenu before this court and set him at liberty.

For Petitioner : Mr.C.Prakasam For Respondents: Mr.S.Arockiam, CGSC for R-1 Mr.V.M.R.Rajentren, Additional Public Prosecutor for RR2 and 3

ORDER

(Order of the Court was made by M.JAICHANDREN,J.) This Habeas Corpus Petition has been filed, by the wife of the detenu, namely, Maheswaran, aged about 44 years, son of Late Kulandaisamy, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in Cr.M.P.No.08/Black Marketeer/2016 C1, dated 10.5.2016, passed by the third Respondent, detaining the detenu, under Section 3(2) (a) read with Section 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980), branding him as a "Black Marketeer", in the Central Prison, Coimbatore, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.

At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents 2 and 3 would submit that the order of detention passed by the third respondent, against the detenu Maheswaran, dated 10.5.2016, has been revoked by the Government, in G.O. Rt. No.283, Cooperation, Food and Consumer Protection (E1) Department, dated 29.7.2016 and he has also produced a copy of the said order.

Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary to the Government, Department of Consumer Affairs, Government of India, "Krishi Bhavan", New Delhi-110 001.

2.The Secretary to the Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai-600 009.

3.District Collector and District Magistrate, Erode District, Erode.

4.The Public Prosecutor, High Court, Madras.

5 The Superintendent of Police, Central Prison, Coimbatore +1cc to Mr.S. Arockiam, Advocate, S.R.No.65734 ca(CO) md(22/12/2016) H.C.P.No.1107 of 2016