R.Saroja, Aged 51 Years, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.03.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2313 of 2016 Saroja ... Petitioner Vs

1. The State of Tamil Nadu, Rep.by its Principal Secretary to Government of Tamil Nadu (Public) (S.C) (L&O) Department, St.George Fort, Chennai - 600 009.

2. The Secretary to Government of India, Ministry of Finance, Department of Revenue, (COFEPOSA Unit) Central Economic Intelligence Bureau, Janpath Bhawan, "B Wing"

6th Floor, Janpath, New Delhi - 110 001.

3. The Superintendent Central Prison, Palayamkottai, Tirunelveli District ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus of any other writ of direction calling upon the production of the records relating to the detention order dated 21.08.2015 made in detention Order Memo G.O. No.SR.I/64-7/2015 passed by the second respondent herein and quash the same and direct the respondents to produce the body or person of the petitioner's husband Vargheese, S/o Mr. Chellayan, aged 59 years branded as Goonda an now confined in Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner :

Mr.R. Ganesh Kumar For respondents:

Mr.V.M.R. Rajentren Addl. Public Prosecutor For Respondent 2: Mr.S.Arockiam, CGSC

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the wife of the detenu Vargheese, S/o Mr. Chellayan aged 59 years, has come forward with this petition challenging the detention order passed by the second respondent dated 21.08.2015 against her husband branding him as a "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.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against her husband dated 21.08.2015 has been revoked by the Government in G.O.Ms.No.867, Public (Law & Order.F) Department dated 21.10.2016 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sr To

1. The Principal Secretary to Government of Tamil Nadu, (Public) (S.C) (L&O) Department, St.George Fort, Chennai - 600 009.

2. The Secretary to Government of India, Ministry of Finance, Department of Revenue, (COFEPOSA Unit) Central Economic Intelligence Bureau, Janpath Bhawan, "B Wing"

6th Floor, Janpath, New Delhi - 110 001.

3. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

4. The Public Prosecutor, High Court, Chennai.

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

+1cc to Mr.S.Arockiam, Advocate Sr.No.16153 H.C.P.No.2313 of 2016 msm[co] srg 24/03/2017