Mari, Aged 54 v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1691 of 2016 Mari .. Petitioner Vs 1.The State of Tamil Nadu, rep by the Secretary to Government, Cooperation, Food and Consumer Protection Department, Namakkal Kavignar Maaligai, 2nd Floor, Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.
3.The Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Dept. of Consumer Affairs), Room No.270, Krishi Bhawan, New Delhi-110 001.
.. 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 relating to the detention order passed in D.O.No.28/2016-C2, dated 28.7.2016 by the second respondent under Section 3(1) r/w 3(2)(a) of the Prevention of Black Marketing and Maintenance Supplies of Essential Commodities Act 1980 (Central Act 7 of 1980) and to set aside the same and to direct the respondents to produce the detenue Santhi @ Vellai Santhi, wife of Mari, aged about 35 years, now confined in the Special Prison for Women, Vellore, before this court and to set her at liberty.
For Petitioner : Mr.R.Balakrishnan For Respondents: Mr.V.M.R.Rajentran, APP for RR1 and 2 Mr.S.Arockiam, CGSC for R-3
ORDER
[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the husband of the detenue, namely, Santhi @ Vellai Santhi, aged about 35 years, wife of Mari, to issue a Writ of Habeas Corpus, to call for the records, in D.O.No.28/2016-C2, dated 28.07.2016, passed by the second respondent, detaining the detenue, under Section 3(1) read with Section 3(2)(a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7 of 1980), branding her as a "Black Marketer", in the Special Prison for Women, Vellore, and to quash the same and to direct the Respondents to produce the body of the detenue and set her 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that the order of detention passed by the second respondent, against the wife of the petitioner, dated 28.7.2016, has been revoked by the Government, in G.O. Rt. No.360, Cooperation, Food and Consumer Protection (E1) Department, dated 22.9.2016 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/- Asst.Registrar /true copy/ Sub Asst. Registrar vvk
To 1.The Secretary to Government, The State of Tamil Nadu, Cooperation, Food and Consumer Protection Department, Namakkal Kavignar Maaligai, 2nd Floor, Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.
3.The Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Dept. of Consumer Affairs), Room No.270, Krishi Bhawan, New Delhi-110 001.
4.The Public Prosecutor, High Court, Madras.
+1 cc to M/s.S.Arokiam Advocate sr 68932 H.C.P.No.1691 of 2016 sal(co) aa09/01/2017