Poongkodi v. Principal Secretary To 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 Poongkodi ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The District Collector and District Magistrate, Mayiladuthurai District, Mayiladuthurai.
3.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.
4.The Superintendent of Prison, Central Prison for Trichy, Trichy.
5.The Inspector of Police, Sembanarkoil Police Station, Tharangambadi Taluk, Mayiladuthurai 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 made in COC.No.38/2023 dated 18.07.2023 on the file of the 2nd respondent herein and Quash the same as illegal and direct the respondent to produce Detenue, Viz., Kaduku @ Selvakumar, S/o.Selvaraj, aged 32 years, now confined in Central Prison, Thiruchirapalli, before this Honble court and Set him at Liberty For Petitioner :
Mr.C.T.Saravanan 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 Kaduku @ Selvakumar, S/o.Selvaraj, aged 32 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 18.07.2023 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 18.07.2023 has been revoked by the Government in G.O. [Rt] No.4718, Home, Prohibition & Excise (XV) Department, dated 28.08.2023 and he has also produced a copy of the said order.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 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 Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The District Collector and District Magistrate, Mayiladuthurai District, Mayiladuthurai.
3.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.
4.The Superintendent of Prison, Central Prison for Trichy, Trichy.
5.The Inspector of Police, Sembanarkoil Police Station, Tharangambadi Taluk, Mayiladuthurai District.
6.The Public Prosecutor, High Court, Madras.
S.S. SUNDAR , J.
and SUNDER MOHAN, J.
mkn 13.12.2023