Challadurai v. Prinicipal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1519 of 2016 Chelladurai @ Chelladurai Pandian .. Petitioner Vs 1.The Principal Secretary to Government, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai-600 009.
2.The Commissioner of Police, Greater Chennai Police, O/o The Commissioner of Police, Vepery, Chennai-600 007.
.. 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 in connection with the order of detention passed by the second respondent, dated 28.5.2016, in Memo No.11/Black Marketing Act/2016, and to quash the same as illegal and consequently, to direct the respondents herein to produce the petitioner Chelladurai @ Chelladurai Pandian, aged about 32 years, son of Solaiappan, before this court and to set him at liberty, from detention, now confined at the Central Prison, Puzhal, Chennai.
For Petitioner : Mr.P.Ezhil Nilavan For Respondents : Mr.V.M.R.Rajentran, APP for RR1 and 2
ORDER
[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the detenu, namely, Chelladurai @ Chelladurai Pandian, aged about 32 years, son of Solaiappan, to issue a Writ of Habeas Corpus, to call for the records, in No.11/Black Marketing Act/2016, dated 28.5.2016, passed by the second respondent, detaining the detenu, under Section 3(1) read with Section 3(2)(b) 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, Puzhal, Chennai, 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would submit that the order of detention passed by the second respondent, against the petitioner, dated 28.5.2016, has been revoked by the Government, in G.O. Rt. No.298, Cooperation, Food and Consumer Protection (E1) Department, dated 11.8.2016 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/ Assistant Registrar(CSVI) /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai-600 009.
2.The Commissioner of Police, Greater Chennai Police, O/o The Commissioner of Police, Vepery, Chennai-600 007.
3.The superintendent, Central Prison, Puzhal, chennai.
4. The Joint Secretary to Government, Public, Law & Order Department, Fort St.George, Chennai.
5.The Public Prosecutor, High Court, Madras.
H.C.P.No.1519 of 2016 SDR 28.12.2016