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Madras High CourtHCP/1488/2023dismissed as infructuous

Kamala v. The Additional Chief Secretary To Government,

2023-11-22Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023 CORAM :

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

1.The Additional Chief Secretary to the Government Home, Prohibition & Excise Department Secretariat, Chennai 600 009.

2.The District Collector & District Magistrate O/o.the District Collector & District Magistrate Nagapattinam District.

3.The Superintendent of Police O/o.The Superintendent of Police Nagapattinam District.

4.The Superintendent of Prison Central Prison, Tiruchirappalli.

5.The Inspector of Police Vettaikaraniruppu Police Station Nagapattinam District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, calling for the entire records connected with the detention order in COC No.31/2013 dated 22.06.2023 on the file of the respondent No.2 and quash the same as illegal and direct the respondents to produce the body or person of the petitioner's husband namely Kulanthaivel male aged about 44 years son of Mariyappan now confined at Central Prison, Thiruchirappalli before this Court and set him at liberty forthwith. For Petitioner : Mr.U.Kathiravan 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, wife of the detenu has come forward with this petition challenging the detention order passed by the 2nd respondent dated 22.06.2023 slapped on her husband, branding him 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submit that the order of detention passed by the second respondent as against the detenu herein dated 22.06.2023 has been revoked by the Government in G.O. [Rt] No.4223, Home, Prohibition & Excise [XV] Department dated 01.08.2023 and he has also produced a copy of the said order.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.] 22.11.2023 AP Internet : Yes To 1.The Additional Chief Secretary to the Government Home, Prohibition & Excise Department Secretariat, Chennai 600 009.

2.The District Collector & District Magistrate O/o.the District Collector & District Magistrate Nagapattinam District.

3.The Superintendent of Police O/o.The Superintendent of Police Nagapattinam District.

4.The Superintendent of Prison Central Prison, Tiruchirappalli.

5.The Inspector of Police Vettaikaraniruppu Police Station Nagapattinam District.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 22.11.2023