Usharani v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2023 CORAM :

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

1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The District Collector cum District Magistrate, Kallakurichi District, Kallakurichi.

3.The Superintendent of Police, Kallakurichi, Kallakurichi District.

4.The Superintendent of Prison, Central Prison, Cuddalore.

5.The Inspector of Police, Kariyalur Police Station, Kariyalur, Kallakurichi 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 entire records relating to the impugned detention order passed by the 2nd respondent in his proceedings in D.O.No.C2/17/2023, dated 13.06.2023, quash the same as illegal and consequently direct the respondents to produce the detenu namely Sathiyaraj, S/o.Manickam, aged about 27 years, before this Court and set him at liberty from detention, now the detenu is detained at Central Prison, Cuddalore District. For Petitioner :

Mr.R.Prabudoss 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 Sathiyaraj, S/o.Manickam, aged about 27 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 13.06.2023 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 13.06.2023 has been revoked by the Government in G.O. [Rt] No.4087, Home, Prohibition & Excise (XIV) Department, dated 28.07.2023 and he has also produced a copy of the said order.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.) 15.11.2023 mkn

Internet : Yes Index : Yes / No To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The District Collector cum District Magistrate, Kallakurichi District, Kallakurichi.

3.The Superintendent of Police, Kallakurichi, Kallakurichi District.

4.The Superintendent of Prison, Central Prison, Cuddalore.

5.The Inspector of Police, Kariyalur Police Station, Kariyalur, Kallakurichi District.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 15.11.2023