Santhi v. The Additional Chief Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.01.2024 CORAM :

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

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

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

3. The Superintendent of Police, Nagapattinam District.

4. The Superintendent, Central Prison, Tiruchirapallai.

5. The Circle Inspector of Police, Kilvelur Circle Police Station, Nagapattinam District ... Respondents Petition filed under Article 226 of the Constitution of India, praying 1/5

to issue Writ of Habeas Corpus, calling for the records relating to the detention order passed by the second respondent pertaining to the order made in C.O.C. No.38/2023 dated 26.09.2023 in detain the detenu under 2(b) of Tamil Nadu Act 14 of 1982, as a Bootlegger and quash the same and direct the respondent to produce the detenu Iyyar @ Dhanapalan, Son of Ponnusamy aged about 57 years, who is detained at Central Prison, Tiruchirappali, before this Hon'ble Court and set him at liberty. For petitioner : Mr.G. Nirmal Krishnan 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 Iyyar @ Dhanapalan, S/o.Ponnusamy, aged 57 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 26.09.2023 slapped on her husband, branding him as "BOOTLEGGER" as contemplated under Section 2(b) of 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 husband 2/5

of the petitioner herein dated 26.09.2023 has been revoked by the Government in G.O. [Rt] No.6292, Home, Prohibition & Excise (XV) Department, dated 09.11.2023 and he has also produced a copy of the said order.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] 31.01.2024 bga Internet : Yes Index : Yes / No 3/5

To

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

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

3. The Superintendent of Police, Nagapattinam District.

4. The Superintendent, Central Prison, Tiruchirapallai.

5. The Circle Inspector of Police, Kilvelur Circle Police Station, Nagapattinam District.

6 .The Public Prosecutor, High Court, Madras.

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M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga 31.01.2024 5/5