Selvi v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2023 CORAM :

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

1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.District Collector and District Magistrate, Vellore District, Vellore - 9.

3.The Superintendent of Police, Vellore District, Vellore -9.

4.The Superintendent of Prison, Central Prison, Vellore - 2.

5.The Inspector of Police Vellore PEW Police Station, Vellore District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus calling for the records in connection with the order of detention passed by the second respondent dated 20.07.2023 in C3/D.O.No.70/2023 against the petitioner's Husband Karthik @ Mothu Karthik, Male aged 55 years S/o.Narayanasamy, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenue before the Honble Court and set him at Liberty.

For Petitioner :

Mr.D.Balaji For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, wife of the detenu, namely Karthik @ Mothu Karthik, aged 55 years, S/o.Narayanasamy, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 20.07.2023 slapped on her husband, branding him as "Bootlegger" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug

Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [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order of detention passed by the second respondent as against the husband of the petitioner herein dated 20.07.2023 has been revoked by the Government in G.O. [Rt] No.4931, Home, Prohibition & Excise (IX) Department, dated 07.09.2023 and he has also produced a copy of the said order.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 the same has become infructuous. (S.S.S.R., J.) (S.M., J.) 13.12.2023 mkn Internet : Yes Index : Yes / No

To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.District Collector and District Magistrate, Vellore District, Vellore - 9.

3.The Superintendent of Police, Vellore District, Vellore -9.

4.The Superintendent of Prison, Central Prison, Vellore - 2.

5.The Inspector of Police Vellore PEW Police Station, Vellore District.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 13.12.2023