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Madras High CourtHCP/1688/2023dismissed as infructuous

Prema v. The State Of Tamilnadu Rep.By

2023-12-11Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023 CORAM :

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

1.The State of Tamilnadu, Rep. by Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

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

3.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

4.The Superintendent of Prison, Special Prison for Women Trichy, Trichy.

5.The Inspector of Police, Perambur Police Station, Tharagambadi Taluk, Mayilduthurai 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 to call for the records made in C.O.C. No.35/2023 dated 13.07.2023 on the file of the 2nd respondent herein and quash the same illegal and direct the respondent to produce the Detenue viz., Selvadevi, W/o.Ramaiyan, aged about 57 years, now confined in Special Prison for Women, Thiruchirapalli, before this Court and set her 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, daughter of the detenue, namely Selvadevi, W/o.Ramaiyan, aged about 57 years, has come forward with this petition

challenging the detention order passed by the 2nd respondent dated 13.07.2023 slapped on her mother, branding her 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order of detention passed by the second respondent as against the mother of the petitioner herein dated 13.07.2023 has been revoked by the Government in G.O. [Rt] No.4717, Home, Prohibition & Excise (XV) Department, dated 28.08.2023 and he has also produced a copy of the said order.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.) 11.12.2023 mkn

Internet : Yes Index : Yes / No To 1.The Principal Secretary to Government, State of Tamilnadu, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

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

3.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

4.The Superintendent of Prison, Special Prison for Women Trichy, Trichy.

5.The Inspector of Police, Perambur Police Station, Tharagambadi Taluk, Mayilduthurai District.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 11.12.2023