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Madras High CourtHCP/1520/2023dismissed as infructuous

Chitra v. The State Of Tamilnadu

2023-12-01Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2023 CORAM :

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

1.The State of Tamil Nadu rep.by its Secretary to the Government Home, Prohibition & Excise Department Secretariat, Chennai-9.

2.District Magistrate and District Collector Office of the Collectorate, Namakkal District. 3.The Superintendent of Prison Central Prison, Salem.

4.The Inspector of Police Prohibition Enforcement Wing, Tiruchengode, Namakkal District.

... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution

of India, calling for the records relating to the detention order in CMP.No.09/Bootlegger/2023 [M1] dated 10.07.2023 by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's husband Thiru Shanmugam, aged 51 years, son of Ammasi, the detenu now confined in Central Prison, Salem before this Court and set him at liberty.

For Petitioner : Mr.S.Viswanathan 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 10.07.2023 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submit that the order of detention passed by the second respondent as against the detenu herein dated 10.07.2023 has been revoked by the Government in G.O. [Rt]

No.4759, Home, Prohibition & Excise [XIV] Department dated 30.08.2023 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.] 01.12.2023 AP Internet : Yes To 1.The Secretary to the Government State of Tamil Nadu Home, Prohibition & Excise Department Secretariat, Chennai-9.

2.District Magistrate and District Collector Office of the Collectorate, Namakkal District. 3.The Superintendent of Prison Central Prison, Salem.

4.The Inspector of Police Prohibition Enforcement Wing, Tiruchengode, Namakkal District.

5.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 01.12.2023