Emala v. Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.10.2023 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Emala ... Petitioner Vs.
1.The State of Tamil Nadu rep.by its Secretary, Home, Prohibition & Excise Department, Fort St George, Chennai 600 009.
2.The District Collector cum District Magistrate Villupuram District, Villupuram.
3.The Superintendent of Police Collector Office Road, Moovendar Nagar Villupuram 605 602.
4.The Superintendent of Prison Cuddalore Prison, Arisiperiyankuppam Cuddalore 607401.
5.The Inspector of Police Arakandanallur Police Station Villupuram 605752.
... Respondents
Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, to call for the records of the 2nd respondent relating to the detention order made in RC.No.c2/18337/2022 dated 24.09.2022 against the petitioner's husband Pavadai @ Pavadairayan, Male, aged about 35 years, now confined in Central Prison, Cuddalore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.P.Paramasivadoss For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, wife of the detenu Pavadai @ Pavadairayan, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 24.09.2022 slapped on her husband, branding him as "Goonda" 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)Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.
(3)The learned Additional Public Prosecutor submitted that the Detention Order was passed on 24.09.2022 and the detention period of one year had lapsed. Hence, the petition has become infructuous. (4)Recording the statement of the learned Additional Public Prosecutor, this Habeas Corpus Petition is dismissed as infructuous as the prayer has become infructuous.
[S.S.S.R., J.] [S.M, J.] 09.10.2023 AP Internet : Yes
To 1.The Secretary, State of Tamil Nadu Home, Prohibition & Excise Department, Fort St George, Chennai 600 009.
2.The District Collector cum District Magistrate Villupuram District, Villupuram.
3.The Superintendent of Police Collector Office Road, Moovendar Nagar Villupuram 605 602.
4.The Superintendent of Prison Cuddalore Prison, Arisiperiyankuppam Cuddalore 607401.
5.The Inspector of Police Arakandanallur Police Station Villupuram 605752.
6.The Public Prosecutor, High Court, Madras.
S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 09.10.2023