Rajalakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1867 of 2016 Rajalakshmi .. Petitioner Vs 1.The District Collector and District Magistrate, Coimbatore District, 2.The Secretary to Government, Cooperation, Food and Consumer Protection Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.

3.The Additional Secretary, 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 of the first respondent herein in Cr.M.P.No.22/BM/2016 (E1), dated 31.7.2016, set aside the same and to produce the detenu, namely M.Rajapandi, son of Mayan, who is now detained in the Central Prison, Coimbatore and to set him at liberty.

For Petitioner : Mr.R.Rajasekaran For Respondents: Mr.V.M.R.Rajentran, APP for RR1 and 2 Mr.S.Arockiam, CGSC for R-3

ORDER

This Habeas Corpus Petition has been filed by the wife of the detenu, namely, M.Rajapandi, aged about 34 years, son of Mayan, to issue a Writ of Habeas Corpus, to call for the records, in Cr.M.P.No.22/BM/2016 (E1), dated 31.7.2016, passed by the first respondent, detaining the detenu, 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 him as a "Black Marketeer", in the Central Prison, Coimbatore, and to quash the same and to direct the Respondents to produce the body of the detenu and to set him at liberty forthwith.

2.

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that the order of detention passed by the first respondent, against the husband of the petitioner, dated 31.7.2016, has been revoked by the Government, in G.O. Rt. No.365, Cooperation, Food and Consumer Protection (E1) Department, dated 28.9.2016 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 infructuous. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vvk To

1. The District Collector and District Magistrate, Coimbatore District,

2. The Secretary to Government, Cooperation, Food and Consumer Protection Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.

3. The Additional Secretary, 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 Superintendent Central Prison,

5. The Joint Secretary to Govern, Public (Law & Order), Fort Saint George, Chennai- 9

6. The Public Prosecutor, High Court, Madras.

+1cc to Mr.Arockiam, Advocate, S.R.No.69846 rsy(CO) rs(06/01/2017) H.C.P.No.1867 of 2016