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Madras High CourtHCP/2313/2022closed

M.Dhanalakshmi v. The Commissioner Of Police, Avadi City

2023-04-24Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar5 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR M.Dhanalakshmi .. Petitioner Vs.

1.The Commissioner of Police, Avadi City, Office of the Commissioner of Police, Goondas Section, Avadi, Chennai - 54.

2.The Principal Secretary to Government, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai - 9.

3.The Secretary to the Government, Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs), Government of India, Room No.270, Krishi Bhavan, New Delhi - 110 001.

4.The Inspector of Police, CSCID Chennai North Police Station, Chennai.

5.The Superintendent, Central Prison II, Puzhal, Chennai.

.. Respondents Page Nos.1/5

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling upon production of the records relating to the detention order dated 28.09.2022 made in detention order in No.02/2022 passed by the first respondent herein and quash the same and direct the respondents to produce the body of the detenu C.Meganathan, son of Chitaraivel, aged 46 years, who has been detained in Central Prison II, Puzhal, Chennai before this Court and set at liberty.

For Petitioner :

Mr.S.P.Yuvaraj for Mr.Arulmuruganandham N.K.

For Respondents :

Mr.E.Raj Thilak, Additional Public Prosecutor for R1, R2, R4 and R5

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] When the captioned 'Habeas Corpus Petition' (hereinafter 'HCP' for the sake of convenience and clarity) was taken up, it came to light that the case on hand has become infructuous. The reason is the impugned preventive detention order dated 28.09.2022 has been made under 'Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980)' {hereinafter 'Black Marketing and EC Act' for the sake of convenience and clarity} and six months therefrom has elapsed. This means that Page Nos.2/5

the impugned preventive detention order has worked itself out. This is the reason why in the opening paragraph, this Bench observed that the captioned matter has become infructuous.

2.

Captioned HCP is disposed of as closed without expressing any opinion on the merits making it clear that the captioned HCP is disposed of as closed owing to the matter having become infructuous. (M.S.,J.) (M.N.K.,J.) 24.04.2023 Index : Yes / No mmi To 1.The Commissioner of Police, Avadi City, Office of the Commissioner of Police, Goondas Section, Avadi, Chennai - 54.

2.The Principal Secretary to Government, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai - 9.

3.The Secretary to the Government, Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs), Government of India, Room No.270, Krishi Bhavan, New Delhi - 110 001.

Page Nos.3/5

4.The Inspector of Police, CSCID Chennai North Police Station, Chennai.

5.The Superintendent, Central Prison II, Puzhal, Chennai.

6.The Public Prosecutor High Court, Madras.

Page Nos.4/5

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 24.04.2023 Page Nos.5/5