Gowri v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023 CORAM :

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

1.The Secretary to the Government Home, Prohibition & Excise Department Secretariat, Fort St George, Chennai 600 009. 2.The District Collector & District Magistrate Krishnagiri District, Krishnagiri.

3.The Superintendent of Police Krishnagiri District, Krishnagiri.

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

5.The Inspector of Police Hosur PEW Police Station Krishnagiri District.

... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, calling for the entire records relating to the petitioner's brother

detention under Tamil Nadu Act 14 of 1982 vide detention order dated 23.06.2023 on the file of the 2nd respondent herein made in proceedings Memo SC.No.11/2023, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's brother namely Kumar son of Kallappa aged 49 years before this Court and set the petitioner's brother at liberty from detention now the petitioner's brother detained at Central Prison, Salem.

For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind.C

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, sister of the detenu has come forward with this petition challenging the detention order passed by the 2nd respondent dated 23.06.2023 slapped on her brother, branding him as "Drug Offender" under the 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submit that the order of detention passed by the second respondent as against the detenu herein dated 23.06.2023 has been revoked by the Government in G.O. [Rt] No.4144, Home, Prohibition & Excise [XV] Department dated 31.07.2023 and he has also produced a copy of the said order.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 having become infructuous. [S.S.S.R., J.] [S.M, J.] 22.11.2023 AP Internet : Yes To 1.The Secretary to the Government Home, Prohibition & Excise Department Secretariat, Fort St George, Chennai 600 009. 2.The District Collector & District Magistrate Krishnagiri District, Krishnagiri.

3.The Superintendent of Police Krishnagiri District, Krishnagiri.

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

5.The Inspector of Police Hosur PEW Police Station Krishnagiri District.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 22.11.2023