Vijayalakshmi v. The Secretary To Government

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.142 of 2016 Vijayalakshmi ... Petitioner/Wife of the Detenu Vs.

1. The 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.

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

3. The Commissioner of Police, Greater Chennai, Chennai-7.

... 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 connection with the order of detention passed by the 2nd respondent dated 30.12.2015 in Memo No.7/Black Marketing Act/2015, against the petitioner's husband Sundar @ Sundaralingam, Male, aged about 35 years, son of Suyambu Nadar, who is confined at Central Prison, Puzhal-II, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner : Mr.V.Kannadasan For 1st respondent : Mr.S.Arockiam, CGSC., For Respondents : Mr.A.N.Thambidurai, 2 and 3 Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner, who is the wife of the detenu Sundar @ Sundaralingam, Male, aged about 35 years, son of Suyambu Nadar, has come forward with this petition, challenging the detention order passed by the third respondent dated 30.12.2015 against her husband 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the order of detention passed by the third respondent as against the husband of the petitioner dated 30.12.2015 has been revoked by the Government in G.O. [Rt] No.73, Food and Consumer Protection (E1) Department, dated 11.02.2016 and he has also produced a copy of the said order.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/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar tsi To

1. The 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.

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

3. The Commissioner of Police, Greater Chennai, Chennai-7.

4. The Superintendent, Central Prison, Puzhal, Chennai.

5. The Director Genenral of Police, Chennai 04.

6. The Principal Secretary, Commissioner of Civil Supplies and Consumer Protection Department, Chepauk, Chennai 05.

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

+1cc to Mr.S.Arockiam, Advocate, S.R.No.26745 H.C.P.No.142 of 2016 GJ II(CO) CA(01/06/2016)