Shakila v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Shakila ... Petitioner Vs.

1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Villupuram District, Villupuram.

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

4.The Superintendent of Prison, Central Prison - Cuddalore, Cuddalore District.

5.State Rep. by its The Inspector of Police, PEW Gingee Police Station, 1/5

Villupuram District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Habeas Corpus, calling for the entire records relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 12.09.2023 on the file of the second respondent herein made in proceedings Memo Rc.No.C2/59052/2023, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Kumar @ Kodukkankuppam Kumar, S/o. Ganesan, aged 39 years before this Hon'ble Court and set him at liberty from detention, now the petitioner's husband detained at Central Prison, Cuddalore.

For petitioner : Mr.R.Sasikumar For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor Assisted by Mr.Aravind,C.

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner, wife of the detenu, namely Kumar @ Kodukkankuppam Kumar, S/o.Ganesan, aged 39 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 12.09.2023 slapped on her husband, branding him as "BOOTLEGGER" under the Tamil Nadu Prevention of Dangerous 2/5

Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 12.09.2023 has been revoked by the Government in G.O. [Rt] No.5898, Home, Prohibition & Excise (XI) Department, dated 19.10.2023 and he has also produced a copy of the said order.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. [M.S.R., J] [S.M., J] 18.01.2024 bga 3/5

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

2.The District Collector and District Magistrate, Villupuram District, Villupuram.

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

4.The Superintendent of Prison, Central Prison - Cuddalore, Cuddalore District.

5.State Rep. by its The Inspector of Police, PEW Gingee Police Station, Villupuram District.

6.The Public Prosecutor, High Court, Madras.

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M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga 18.01.2024 5/5