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Madras High CourtHCP/673/2016dismissed

Tmt. Kalaiselvi, v. State Of Tamil Nadu,

2016-04-05Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice M. Jaichandren3 pages

In the High Court of Judicature at Madras Dated: 05.04.2016 Coram:

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.673 of 2016 Kalaiselvi ..

Petitioner/ wife of the detenu Vs.

1.State of Tamil Nadu rep. by its Secretary to the Government Home, Prohibition and Excise (XVI) Department Fort St.George Secretariat Chennai-600 009.

2.The District Collector and District Magistrate Tiruvannamalai District Tiruvannamalai.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus to call for the records in D.O.No.05/2016-02, dated 31.01.2016, passed by the second respondent herein and to produce the body of the detenu Suresh, S/o.Saminathan, aged about 28 years, and now detained at Central Prison, Vellore, before this Court and to set him at liberty forthwith.

For Petitioner .. Mr.S.L.Venkatesan For Respondents .. Mr.A.N.Thambidurai, Additional Public Prosecutor

O R D E R

(The order of the Court was made by M.JAICHANDREN,J ) The petitioner, who is the wife of the detenu, has come forward with this petition challenging the detention order passed by the 2nd respondent, dated 31.01.2016, against the detenu, namely, Suresh, aged about 28 years, branding him as a "Bootlegger" under the Tamil Nadu Prevention of Dangerous

Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2.At this stage of hearing of the Habeas Corpus Petition, Mr.A.N.Thambidurai, the learned Additional Public Prosecutor, who takes notice on behalf of the respondents had submitted, on instructions, that the order of detention passed by the 2nd respondent as against the detenu, dated 31.01.2016, has been revoked by the Government in G.O. [Rt] No.1342 Home, Prohibition and Excise (XI) Department, dated 28.03.2016, and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition is dismissed as infructuous.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar paa To 1.The Secretary to the Government Government of Tamil Nadu Home, Prohibition and Excise (XVI) Department Fort St.George Secretariat Chennai-600 009.

2.The District Collector and District Magistrate Tiruvannamalai District Tiruvannamalai.

3.The Superintendent, Central Prison Vellore.

(In duplicate for communication to detenu)

4. The Joint Secretary to Government Public (Law and order) Fort St. George, Chennai-9

5.The Additional Public Prosecutor, High Court, Madras.

H.C.P.No.673 of 2016 NRJK (CO) kk 26/4