U.Vijaya Santhi v. The Secretary To The Govt.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE P.VELMURUGAN H.C.P.No.2021 of 2016 U.Vijaya Santhi

...Petitioner

Vs

1. The Secretary to the Government, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Dept. of Consumer Affairs, Room No.270, Krishi Bhawan, New Delhi-110 001.

2. The Principal Secretary to Government, Government of Tamilnadu, Cooperation, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maaligai, Secretariat, Chennai-600 009.

3. The Commissioner of Police, Office of the Commissioner of Police, Chennai.

...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 detention order passed by the third respondent in Memo No.15/Black Marketing Act/2016, dated 27.8.2016 against the petitioner's mother, the detenue herein, now confined in the Special Prison for Women, Puzhal, Chennai and to set aside the same and to direct the respondents to produce the detenue Padma, wife of Nagaraj, aged about 38 years, before this court and to set her at liberty.

For Petitioner : Mr.D.Magesh For Respondents : Mr.V.M.R.Rajentran, APP for RR2 and 3 Mr.S.Arockiam, CGSC for R-1

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the daughter of the detenue, namely, Padma, aged about 38 years, wife of Nagaraj, to issue a Writ of Habeas Corpus, to call for the records, in No.15/Black Marketing Act/2016, dated 27.8.2016, passed by the third respondent, detaining the detenue, 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 her as a "Black Marketeer", in the Special Prison for Women, Puzhal, Chennai, and to quash the same and to direct the Respondents to produce the body of the detenue and to set her 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 2 and 3 would submit that the order of detention passed by the third respondent, against the mother of the petitioner, dated 27.8.2016, has been revoked by the Government, in G.O. Rt. No.388, Cooperation, Food and Consumer Protection (E1) Department, dated 20.10.2016 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(J) //True Copy// Sub Assistant Registrar vvk To

1. The Secretary to the Government, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Dept. of Consumer Affairs, Room No.270, Krishi Bhawan, New Delhi-110 001.

2. The Principal Secretary to Government, Government of Tamilnadu, Cooperation, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maaligai, Secretariat,Chennai-600 009.

3. The Commissioner of Police, Office of the Commissioner of Police, Chennai.

4. The Public Prosecutor, High Court, Madras.

5. The Superintendent, The Special Prison for Women, Puzhal, Chennai.

+1CC to Mr.S.Arockiam Advocate, SR 70214 H.C.P.No.2021 of 2016 SKV(CO) RMP(11/01/2017)