Vanitha v. The Secretary To Government

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 Vanitha ... Petitioner Vs.

1.The Secretary to Government Home, Prohibition and Excise [XVI] Department Fort St George, Secretariat, Chennai 600 009.

2.The Commissioner of Police Office of the Commissioner of Police Salem City.

3.The Superintendent of Prison Central Prison, Salem 4.The Inspector of Police Annadanapatty Police Station Salem District.

... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, calling for the records in detention order in

No.CMP.No.75/Goonda/Salem City/2023 dated 28.07.2023 on the file of the 2nd respondent and set aside the same and direct the respondents herein to produce the body of the petitioner's husband / detenu Manimaran son of Sampath aged 32 years now confined in Central Prison at Salem before this Court and set him at liberty.

For Petitioner : Mrs.R.Subhadra Devi 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 "Goonda" 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submit that the order of detention passed by the second respondent as against the detenu herein dated 28.07.2023 has been revoked by the Government in G.O. [Rt] No.4885, Home, Prohibition & Excise [XIV] Department dated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 Secretary to Government Home, Prohibition and Excise [XVI] Department Fort St George, Secretariat, Chennai 600 009.

2.The Commissioner of Police Office of the Commissioner of Police Salem City.

3.The Superintendent of Prison Central Prison, Salem 4.The Inspector of Police Annadanapatty Police Station Salem District.

5.The Public Prosecutor, High Court, Madras.

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