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Madras High CourtHCP/1826/2023dismissed as infructuous

S.Nandhini v. State Rep By

2023-12-22Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023 CORAM :

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

1.State of Tamil Nadu Represented by its Secretary to Government Home, Prohibition & Excise Department Secretariat Chennai 600 009.

2.The Commissioner of Police Salem District.

3.The Superintendent of Prison 4.The Inspector of Police Ammapet Police Station Salem 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

entire records, relating to the petitioner's husband detention under Tamil Nadu Act, 14 of 1982 vide detention order dated 25.08.2023 on the file of the second respondent herein and made in CMP.No.82/GOONDA/SALEM CITY/2023 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Suresh, Son of Mani, aged about 43 years before this Court and set aside the petitioner's husband at liberty from detention, where the petitioner's husband detained in For Petitioner :

Mr.M.Mohamed Riyaz For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, wife of the detenu, namely Suresh, Son of Mani, aged about 43 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 25.08.2023 slapped on her husband, branding him as "Goonda" 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 25.08.2023 has been revoked by the Government in G.O. [Rt] No.5359, Home, Prohibition & Excise (XIV) Department, dated 26.09.2023 and he has also produced a copy of the said order.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 the same has become infructuous. (S.S.S.R., J.) (S.M., J.) 22.12.2023 mkn Internet : Yes Index : Yes / No

To 1.The Secretary to Government Home, Prohibition & Excise Department Secretariat Chennai 600 009.

2.The Commissioner of Police Salem District.

3.The Superintendent of Prison 4.The Inspector of Police Ammapet Police Station Salem District.

5.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 22.12.2023