Sathiya v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Sathiya ... Petitioner Vs.

1.The Secretary to the Government, Home, Prohibition and Excise (XVI) Department, Secretariat, Chennai - 600 009.

2.District Collector and District Magistrate, Office of the District Collector, Nagapattinam District.

3.The Superintendent of Police, O/o.Superintendent of Police, Nagapattinam District.

4.The Superintendent of Prison, Central Prison, Trichy, Trichy District.

5.The Inspector of Police, Velipalaiyam Police Station, Nagapattinam District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus to call for the records connected with the detention order in COC.No.27/2023 dated 15.06.2023 on the file of the respondent No.2, and quash the same and direct the respondent to produce the body and person of petitioner's husband one named Pathinettampadiyan, S/o.Azhagudevar, aged 43 years, now confined at Central Prison, Trichy before this Honble court and set him at liberty.

For Petitioner :

Mr.P.Muthamizhselvakumar For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Aravind C.

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, wife of the detenu, namely Pathinettampadiyan, S/o.Azhagudevar, aged 43 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 15.06.2023 slapped on her husband, branding him as "Bootlegger" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug

Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the husband of the petitioner herein dated 15.06.2023 has been revoked by the Government in G.O.[Rt].No.3971, Home, Prohibition & Excise (XV) Department, dated 21.07.2023 and he has also produced a copy of the said order.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 the same has become infructuous. (S.S.S.R., J.) (S.M., J.) 20.11.2023 mkn Internet : Yes Index : Yes / No

To 1.The Secretary to the Government, Home, Prohibition and Excise (XVI) Department, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, Office of the District Collector, Nagapattinam District.

3.The Superintendent of Police, O/o.Superintendent of Police, Nagapattinam District.

4.The Superintendent of Prison, Central Prison, Trichy, Trichy District.

5.The Inspector of Police, Velipalaiyam Police Station, Nagapattinam District.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 20.11.2023