Kalaiarasi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2016

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.31 of 2016 Kalaiarasi

...Petitioner/sister of the

detenu versus 1.The Secretary to the Government Department of Consumer Affairs Government of India, "Krishi Bhavan"

New Delhi 110 001.

2.The Secretary to the Government, Cooperation Food and Consumer Protection Dept., Secretariat, Chennai - 600 009.

3.District Collector and District Magistrate, Krishnagiri District, Krishnagiri.

...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 order of Detention passed by the third respondent dated 17.12.2015 in S.C.No.101/2015 against the petitioner brother Kavinarasu, Male aged 28 years S/o.Devan, who is confined at Central Prison, Salem and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner : Mr.S.Senthilvel For Respondents : Mr.A.N.Thambidurai, Additional Public Prosecutor (Crl,Side) for R2 & R3 Mr.S.Arockiam CGSC for R1

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] Challenge is made to the order of detention passed by the third respondent vide Proceedings in S.C.No.101/2015 (CS) dated 17.12.2015, whereby the detenu, namely Kavinarasu, S/o.Devan aged about 28 years, was ordered to be detained under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, (Central Act No.7 of 1980) branding him as a "BLACK MARKETER".

2.The learned Additional Public Prosecutor would submit that the order of detention passed by the third respondent as against the brother of the petitioner dated 17.12.2015 has been revoked by the Government in G.O. [Rt] No.63, dated 04.02.2016 and he has also produced a copy of the said order.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. -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar svki To 1.The Secretary to the Government Department of Consumer Affairs Government of India, "Krishi Bhavan"

New Delhi 110 001.

2.The Secretary to the Government, Cooperation Food and Consumer Protection Dept., Secretariat, Chennai - 600 009.

3.District Collector and District Magistrate, Krishnagiri District, Krishnagiri.

4.The Superintendent of Police, Central Prison, Salem.

5.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Arockiam Central Govt Standing Counsel sr.30595/16 H.C.P.No.31/2016 ca(co) aa28/06/2016