Mythili v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR H.C.P.No.130 OF 2016 Mythili ... Petitioner Vs.

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

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

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records relating to the second respondent, pertaining to the detention order made in C.M.P.No.01/Bootlegger/2016/M1, dated 10.01.2016 detaining the detenu under Tamil Nadu Act 14/1982 as "Bootlegger" and quash the same and further direct the respondents to produce the said detenu namely Thiru.Krishnamoorthy, son of Thiru. Raju, aged about 35 years who is detained at Central Prison, Salem before this Hon'ble Court and set him at liberty.

For Petitioner : Mr.D.Veerasekaran For Respondents : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This Habeas Corpus Petition has been filed by the sister of the detenu, namely, Krishnamoorthy, aged 35 years, son of Raju, to issue a Writ of Habeas Corpus, to call for the records in relating to the second respondent, pertaining to the https://hcservices.ecourts.gov.in/hcservices/

detention order made in C.M.P.No.01/Bootlegger/2016/M1, dated 10.01.2016 detaining the detenu under Tamil Nadu Act 14/1982 as "Bootlegger"and quash the same and further direct the respondent to produce the said detenu, namely, Krishnamoorthy, son of Raju, aged about 35 years, who is detained at Central Prison, Salem before this Court and set him at liberty.

2.

When the matter is called, the learned Counsel appearing for the petitioner would submit that the detention order passed by the 2nd respondent against the detenu namely, Krishnamoorthy has already been revoked by the Government and therefore, nothing survives in this petition and he has also made an endorsement to that effect.

3.

The learned Additional Public Prosecutor appearing for the respondents would also concede to the same. 4.

In view of the above, the Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar nvi/nvi To

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

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

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court, Madras.

H.C.P.No.130 OF 2016 AK(CO) CA(02/06/2016) https://hcservices.ecourts.gov.in/hcservices/