Sathish 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.39 of 2016 Sathish

...Petitioner

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 30.11.2015 in S.C.No.98/2015 (CS) against the petitioner brother Saravanan, Male aged 34 years S/o.Mani, 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.C.Prakasam For Respondents : Mr.A.N.Thambidurai, Additional Public Prosecutor for R.2 & R.3 Mr.S.Arockiam, CGSC for R.1

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.98/2015 (CS) dated 30.11.2015, whereby the detenu, namely Saravanan, S/o.Mani, aged about 34 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".

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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the order of detention passed by the third respondent as against the brother of the petitioner dated 30.11.2015 has been revoked by the Government in G.O. [Rt] No.38, dated 20.01.2016 and he has also produced a copy of the said order.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. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. 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 Additional Public Prosecutor, High Court, Madras.

1 cc to M/s.C. Prakasam, Advocate, Sr. 31225 1 cc to M/s.S. Arockiam, Central Government Standing Counsel, Sr. 30594 H.C.P.No.39/2016 RP (CO) kk 29/6 https://hcservices.ecourts.gov.in/hcservices/