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Madras High CourtHCP/1484/2023dismissed as infructuous

Kumaresan v. State Rep By

2023-12-12Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Kumaresan ... Petitioner Vs.

1.The State of Tamil Nadu rep.by its Secretary to the Government Home, Prohibition & Excise Department Fort St George, Chennai 600 009.

2.The District Collector and District Magistrate, Thiruvannamalai District Thiruvannamalai.

3.The Superintendent of Police Thiruvannamalai District, Thiruvannamalai.

4.The Inspector of Police Kilpennathur Police Station Thiruvannamalai District.

5.The Superintendent Special Prison for Women, Vellore.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, calling for the records of the detention made in DO.No.73/2023-C2 dated 17.07.2023 passed by the District Collector and District Magistrate, Thiruvannamalai District, Thiruvannamalai the 2nd respondent herein and set aside the same and direct the respondents to produce the detenu before this Court and set the detenu Thirumathi Jaya, wife of Kumaresan, aged 24 years now confined in Special Prison for Women, Vellore and set her at liberty. For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind.C

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, husband of the detenu, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 17.07.2023 slapped on his wife, branding her as "Bootlegger" under the 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submit that the order of detention passed by the second respondent as against the detenu herein dated 10.07.2023 has been revoked by the Government in G.O. [Rt]

No.4903, Home, Prohibition & Excise [XI] Department dated 07.09.2023 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 having become infructuous. [S.S.S.R., J.] [S.M, J.] 12.12.2023 AP Internet : Yes To 1.The Secretary to the Government State of Tamil Nadu Home, Prohibition & Excise Department Fort St George, Chennai 600 009.

2.The District Collector and District Magistrate, Thiruvannamalai District, Thiruvannamalai.

3.The Superintendent of Police Thiruvannamalai District, Thiruvannamalai.

4.The Inspector of Police Kilpennathur Police Station Thiruvannamalai District.

5.The Superintendent Special Prison for Women, Vellore.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 12.12.2023