M.Vasudevan v. State Of Tamilnadu

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.1148 of 2016 M.Vasudevan .. Petitioner Vs 1.The State of Tamil Nadu, rep by its Secretary to the Government, Prohibition and Excise Department, Fort St. George, Chennai-9.

2.District Collector and District Magistrate, Coimbatore District.

3.The Addl. Secretary to the Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs, No.270, "Krishi Bhavan", New Delhi.

.. 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, in Cr.M.P.No.09/BM/2016 (E1), dated 20.4.2016, against the petitioner's father C.Madurai Selvam @ Kalai Selvan, son of Chinna Azhaku Devar, aged about 46 years, and quash the same and consequently direct the respondents to produce the detenu, who is detained under the Central Act 7 of 1980, in the Central Prison, Coimbatore, before this Court and set him at liberty. For Petitioner : Mr.S.N.Arunkumar For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor for RR1 and 2 Mr.G.Venkagesan, CGC for R3 - - - -

ORDER

(Order of the Court was made by M.JAICHANDREN,J.) This Habeas Corpus Petition has been filed, by the son of the detenu, namely, C.Madurai Selvam @ Kalai Selvan, aged about 46 years, son of Chinna Azhaku Devar, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in Cr.M.P.No.09/BM/2016(E1), dated 20.4.2016, passed by the second Respondent, detaining the detenu, under Section 3(1) read with Section 3(2)(a) 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 1 and 2 would submit that the order of detention passed by the second respondent, against the detenu C.Madurai Selvam @ Kalai Selvan, dated 20.4.2016, has been revoked by the Government, in G.O. Rt. No.276, Cooperation, Food and Consumer Protection (E1) Department, dated 21.7.2016 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/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To 1.The Secretary to the Government, The State of Tamil Nadu, Prohibition and Excise Department, Fort St. George, Chennai-9.

2.District Collector and District Magistrate, Coimbatore District.

3.The Addl. Secretary to the Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer AFfairs, No.270, "Krishi Bhavan", New Delhi.

4.The Public Prosecutor, High Court, Madras.

5.The Joint Secretary to Government, Public (L&O) Fort St.George, Chennai-9.

6.The Superintendent, Central Prison, Coimbatore. kgk(co) krd 14/12 H.C.P.No.1148 of 2016