Kavinilavu v. The Principal Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023 CORAM :

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

1.The Principal Secretary to Government Home, Prohibition & Excise Department Secretariat, Chennai 600 099.

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

3.The Superintendent of Police Tiruvarur, Tiruvarur District.

4.The Superintendent of Central Prison Tiruchirapalli.

5.The Inspector of Police Thiruthuraipoondi Circle Tiruvarur District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, to call for the records in COC.No.39/2023 dated 27.04.2023 on the file of the 2nd respondent herein and quash the same as illegal and consequently direct the respondents to produce the detenu Sujili @ Samraj, son of Rajaji, aged 28 years, who now confined at Central Prison, Tiruchirappalli before this Court and set him at liberty. For Petitioner : Mr.G.Anbuchezheiyan 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 Sujili @ Samraj, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 27.042023 slapped on her husband, branding him as "Drug Offender" 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submit that the order of detention passed by the second respondent as against the detenu herein dated 27.04.2023 has been revoked by the Government in G.O. [Rt] No.3030, Home, Prohibition & Excise [XV] Department dated 05.06.2023 and he has also produced a copy of the said order.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.] 02.11.2023 AP Internet : Yes To 1.The Principal Secretary to Government Home, Prohibition & Excise Department Secretariat, Chennai 600 099.

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

3.The Superintendent of Police Tiruvarur, Tiruvarur District.

4.The Superintendent of Central Prison Tiruchirapalli.

5.The Inspector of Police Thiruthuraipoondi Circle Tiruvarur District.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 02.11.2023