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Madras High CourtHCP/2418/2016dismissed

Mrs.Sangeetha, Aged 35 Years, v. The Secretary To Government,

2017-03-14Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu3 pages

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.2418 of 2016 Sangeetha .. Petitioner/Wife of the Detenu Vs

1. The Secretary to Government State of Tamil Nadu, Co-operation Food and Consumer Protection Department, St.George Fort, Chennai - 600 009.

2. District Magistrate and District Collector, Namakkal.

3. Additional Secretary to Government of India, Ministry of Consumer Affairs Food and Public Distribution (Department of Consumer Affairs) Room No.270, Krishi Bhavan, New Delhi - 110 011.

.. 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 25.09.2016 made in detention Order Memo C.M.P No.1/PBMMSEC ACT/2016 (F3) 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 Muthusamy, S/o Mr. Veeran @ Veerasami, aged 43 years branded as Goonda an now confined in Central Prison, Salem before this Court and set him at liberty forthwith.

For Petitioner : Mr.T. Munirathnam Naidu For respondents : Mr.V.M.R. Rajentren Addl. Public Prosecutor For Respondent 3 : Mr. S. Arockiam CGSC

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the wife of the detenu Muthusamy, S/o Mr.Veeran @ Veerasami aged 43 years, has come forward with this petition challenging the detention order passed by the second respondent dated 25.09.2016 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would submit that the order of detention passed by the second respondent as against her husband dated 25.09.2016 has been revoked by the Government in G.O. [Rt] No.391 Cooperation, Food and Consumer Protection (E3) Department dated 24.10.2016 and he has also produced a copy of the said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 //True Copy// Sub Assistant Registrar sr/jer To

1. The Secretary State of Tamil Nadu, Home Cooperation Food and Consumer Protection Department, Fort St.Feorge, Chennai - 600 009.

2. District Magistrate and District Collector, Namakkal.

3. Additional Secretary to Government of India, Ministry of Consumer Affairs Food and Public Distribution (Department of Consumer Affairs) Room No.270, Krishi Bhavan, New Delhi - 110 011.

4 The Superintendent, Central Prison, Salem 5 The Joint Secretary to Govt., Public (Law & Order) Fort St. George, Chennai 9 6.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.S. Arockiam, Advocate, S.R.No.16154 pvs(CO) md(03/04/2017) H.C.P.No.2418 of 2016