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Madras High CourtHCP/1641/2023dismissed as infructuous

R.Devi v. Additional Chief Secretary To Government

2023-12-15Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023 CORAM :

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

1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St George, Chennai 600 009.

2.District Collector & District Magistrate Mayiladuthurai District, Mayiladuthurai.

3.The Superintendent of Police Mayiladuthurai District.

4.The Superintendent, Central Prison Tiruchirappalli.

5.The Inspector of Police Kuthalam Police Station Mayiladuthurai District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, calling for the records relating to the detention order passed by the 2nd respondent pertaining to the detention order passed by the 2nd respondent pertaining to the order made in COC.No.39/2023 dated 28.07.2023 in detain the detenu under 2[b] of Tamil Nadu Act 14 of 1982 as a Bootlegger and quash the same and direct the respondent to produce the detenu Riyazkhan son of Jahirhusion aged about 31 years, who is detained at Central Prison, Tiruchirappalli before this Court and set him at liberty. For Petitioner : Mr.G.Nirmal Krishnan 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 28.07.2023 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submit that the order of detention passed by the second respondent as against the detenu herein dated 28.07.2023 has been revoked by the Government in G.O. [Rt] No.4918, Home, Prohibition & Excise [XV] Department dated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.] 15.12.2023 AP Internet : Yes To 1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St George, Chennai 600 009.

2.District Collector & District Magistrate Mayiladuthurai District, Mayiladuthurai.

3.The Superintendent of Police Mayiladuthurai District.

4.The Superintendent, Central Prison Tiruchirappalli.

5.The Inspector of Police Kuthalam Police Station Mayiladuthurai District.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 15.12.2023