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Madras High CourtHCP/138/2016dismissed

T.S.Nasardeen v. Government Of Tamil Nadu

2016-04-27Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice S. Nagamuthu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM H.C.P.No.138/2016 T.S.Nasardeen .. Petitioner vs.

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

2. The Commissioner of Police, Coimbatore City, Coimbatore.

3.The Additional Secretary to Government of India, Ministry of Consumer Affairs, Food and Distribution Department (Department of Consumer Affairs), Room No.270, Krishi Bhavan, New Delhi-110 001.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, calling for the records in Detention Order in C.No.201/PBMMSEC Act/IS/2015 dated 29.12.2015 on the file of the 2nd respondent and quash the same and direct the respondents herein to produce the body of the petitioner's brother-in-law K.Abdul Nazar, son of Kadar Moideen, aged 42 years, the detenu herein, now confined in Central Prison, Coimbatore before this Court and set him at liberty.

For Petitioner ..Ms.R.Subhadra Devi For 3rd respondent ..Mr.S.S.Arockiam, CGSC., For Respondents ..Mr.A.N.Thambidurai,APP 1 and 2

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner, who is the brother-in-law of the detenu K.Abdul Nazar, Male, aged about 42 years, son of Kadar Moideen, has come forward with this petition, challenging the detention order passed by the second respondent dated 29.12.2015 against his brother-in-law branding him as a "Black Marketer" under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980). 2.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the order of detention passed by the 2nd respondent as against the brother-in-law of the petitioner dated 29.12.2015 has been revoked by the Government in G.O. [Rt] No.71, Food and Consumer Protection (E1) Department, dated 11.02.2016 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar tsi To

1. The Secretary to Government Co-operation, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai 600 009.

2. The Commissioner of Police, Coimbatore City, Coimbatore.

3.The Additional Secretary to Government of India, Ministry of Consumer Affairs, Food and Distribution Department (Department of Consumer Affairs), Room No.270, Krishi Bhavan, New Delhi-110 001.

4. The Superintendent Central Prison, Coimbatore

5. The Public Prosecutor, Madras High Court, Madras.

1 cc to Mr.S. Arockiam, Advocate, Sr. 26744 H.C.P.No.138/2016 KS (CO) kk 31/5