Tmt.Kanniyamma v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1376 of 2016 Kanniyamma ..Petitioner/wife of the detenu Vs 1.The Secretary to Government, Cooperation, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate, Tiruvallur District.
3.The Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs), Room No.270, Krishi Bhawan, New Delhi-110 001.
.. 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 relating to the detention order passed in PBMMSECA No.1/2016, dated 23.6.2016 passed by the second respondent against the petitioner's husband Surya @ Munikrishnan, son of Govindasamy, aged about 46 years, who is confined at the Central Prison, Puzhal, Chennai and to set aside the same and to direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.V.Paarthiban For Respondents: Mr.V.M.R.Rajentran, APP for RR1 and 2 Mr.S.Arockiam, CSGC for R-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, Surya @ Munikrishnan, son of Govindasamy, aged about 46 years, to issue a Writ of Habeas Corpus, to call for the records, in PBMMSECA No.1/2016, dated 23.6.2016, 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, Puzhal, Chennai, 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the order of detention passed by the second respondent, against the husband of the petitioner, dated 23.6.2016, has been revoked by the Government, in G.O. Rt. No.308, Cooperation, Food and Consumer Protection (E1) Department, dated 24.8.2016 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(CS VI) //True Copy// Sub Assistant Registrar vvk
To 1.The Secretary to Government, Cooperation, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate, Tiruvallur District.
3.The Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs), Room No.270, Krishi Bhawan, New Delhi-110 001.
4. The Joint Secretary to Government, Public(Law & Order), Fort St. George, Chennai - 9.
5. The Superintendent, Central Prison, Puzhal, Chennai. (in duplicate for communication to detenu).
6. The Public Prosecutor, High Court, Madras.
+ 1 cc Mr. S. Arockiam, Advocate SR.66530 H.C.P.No.1376 of 2016 PK(CO) EU 20.12.16