Dhaktha v. The State Of Tamil Nadu

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.1393 of 2016 Dhakitha .. Petitioner Vs 1.The State of Tamil Nadu, rep by the Secretary, Cooperation, Food and Consumer Protection Department, Secretariat, Chennai-600 009.

2.The District Collector and District Magistrate, O/o The District Collector and District Magistrate, Tiruvannamalai District.

3.The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Dept. 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 20/2016-C2, dated 26.6.2016 passed by the second respondent under Section 3(1) r/w 3(2)(a) of the Prevention of Black Marketing and Maintenance Supplies of Essential Commodities Act 1980 (Central Act 7 of 1980) and to set aside the same and to direct the respondents to produce the petitioner's husband Syed Sadiq, son of Syed Mohammed, aged about 48 years, the detenu, now confined in the Central Prison, Vellore, before this Court and set the detenu at liberty. For Petitioner : Mr.D.Gopikrishnan For Respondents: Mr.V.M.R.Rajentran, APP for RR1 and 2 Mr.S.Arockiam, CGSC 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, Syed Sadiq, son of Syed Mohammed, aged about 48 years, to issue a Writ of Habeas Corpus, to call for the records, in D.O.No.20/2016-C2, dated 26.06.2016, 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 (Act 7 of 1980), branding him as a "Black Marketer", in the Central Prison, Vellore, 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the order of detention passed by the second respondent, against the husband of the petitioner, dated 26.6.2016, has been revoked by the Government, in G.O. Rt. No.321, Cooperation, Food and Consumer Protection (E1) Department, dated 2.9.2016 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 /true copy/ Sub Asst. Registrar vvk To 1.The Secretary, The State of Tamil Nadu, Cooperation, Food and Consumer Protection Department, Secretariat, Chennai-600 009.

2.The District Collector and District Magistrate, O/o The District Collector and District Magistrate, Tiruvannamalai District.

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

4.The Public Prosecutor, High Court, Madras.

+1cc to M/S S.Arockiam, Advocate Sr.66531 H.C.P.No.1393 of 2016 SSK(CO) RVR 19/01/2017