Mounica v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1382 of 2016 Mounica .. Wife of the Detenue Vs
1. State of Tamil Nadu Rep. By its Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009
2. The District Magistrate and District Collector Tiruvallur District Tiruvallur .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records relating to petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 21.06.2016 on the file of the second respondent herein made in proceedings B.C.D.F.G.I.S.S.S.V No.16 of 2016 and quash the same as illegal and consequently direct the respondents herein to produce the said petitioner's husband namely Muthu, Son of Moorthy, aged 24 years before this Court and set the petitioner's husband at liberty from detention. For Petitioner : Mr.C.C.Chellappan For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor
ORDER
This Habeas Corpus Petition has been filed, by the wife of the detenu, namely, Muthu, Son of Moorthy, aged about 24 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in B.C.D.F.G.I.S.S.S.V No.16 of 2016, dated 21.06.2016, passed by the second Respondent, detaining him, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug https://hcservices.ecourts.gov.in/hcservices/
Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), branding him as a "Goonda", in the Central Prison, Puzhal, Chennai, and to quash the same and to direct the Respondents to produce the detenu before the Court 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 would submit that the order of detention passed by the second respondent, against the husband of the petitioner, dated 21.06.2016, has been revoked by the Government, in G.O. Rt. No.3643, Home, Prohibition and Excise (XI) Department, dated 08.08.2016 and he has also produced a copy of the said order.
3.Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous. s/d- Assistant Registrar(CS-II) /true copy/ Sub-Assistant Registrar To
1. The Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2. The District Magistrate and District Collector Tiruvallur District Tiruvallur
3. The Public Prosecutor, High Court, Madras.
H.C.P.No.1382 of 2016 LRS sp/20/1 https://hcservices.ecourts.gov.in/hcservices/