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Madras High CourtHCP/1759/2023dismissed as infructuous

Nidhya v. State Rep By

2023-12-18Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2023 CORAM :

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

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

2.The District Collector & District Magistrate Tiruppur District, Tamil Nadu 638 105.

3.The Superintendent of Police Tiruppur District, Tamil Nadu 638 105.

4.The Superintendent Central Prison, Coimbatore Tamil Nadu 641 018.

5.Sub Inspector of Police Vellakoil Police Station Tiruppur, Tamil Nadu 638 105.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, calling for the records of detention order vide Cr.MP.No.34/Goonda/2023 against the detenu passed by the 2nd respondent herein by an order dated 31.07.2023 and quash the same and produce the petitioner's husband Suresh son of [late] Appusamy aged 37 years presently confined in Central Prison, Coimbatore and set aside the same, consequently direct the respondents to produce the body of the detenu before this Court and set him at liberty.

For Petitioner : Mr.A.S.Aswin Prasanna 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 31.07.2023 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dated 31.07.2023 has been revoked by the Government in G.O. [Rt] No.5173, Home, Prohibition & Excise [XII] Department dated 19.09.2023 and he has also produced a copy of the said order.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.] 18.12.2023 mkn Internet : Yes To 1.The Principal Secretary to Government Home, Prohibition and Excise [XVI] Department Secretariat, Chennai 600 009.

2.The District Collector & District Magistrate Tiruppur District, Tamil Nadu 638 105.

3.The Superintendent of Police Tiruppur District, Tamil Nadu 638 105.

4.The Superintendent Central Prison, Coimbatore Tamil Nadu 641 018.

5.Sub Inspector of Police Vellakoil Police Station Tiruppur, Tamil Nadu 638 105.

6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., mkn 18.12.2023