Ananthi v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2023 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Ananthi ... Petitioner Vs.
1.The Secretary to Government Home, Prohibition & Excise Department, Fort St George, Chennai-9.
2.The District Magistrate & District Collector Namakkal District.
3.The Superintendent of Police Namakkal District.
4.The Superintendent of Prison Central Prison, Salem.
5.The Inspector of Police Puduchatram Police Station Namakkal District.
... Respondents
Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, to call for the entire records leading to the detention of the petitioner's husband namely Sambathkumar, son of [late] Thangaraj, male, aged about 33 years is presently lodged in Central Prison, at Salem and has been detained under Act 14/82 as GOONDA vide detention order dated 02.10.2022 on the file of the 2nd respondent herein, made in CMP No.28/Goonda/2022[M1] quash the same and consequently, direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Salem. For Petitioner : Mr.E.C.Ramesh For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind
ORDER
[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, wife of the detenu Sambathkumar, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 02.12.2022 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 02.10.2022 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.] 19.10.2023 AP Internet : Yes
To 1.The Secretary to Government Home, Prohibition & Excise Department, Fort St George, Chennai-9.
2.The District Magistrate & District Collector Namakkal District.
3.The Superintendent of Police Namakkal District.
4.The Superintendent of Prison Central Prison, Salem.
5.The Inspector of Police Puduchatram Police Station Namakkal District.
6.The Public Prosecutor, High Court, Madras.
S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 19.10.2023