Chitra v. The Additional Chief Secretary, To Govenment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024 CORAM :

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

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600009.

2. The Commissioner of Police, O/o the Commissioner of Police, Greater Chennai 600007.

3. The Superintendent, Central Prison, Puzhal, Chennai 600066.

4. State rep. by, The Inspector of Police, R-5 Virugambakkam Police Station, Chennai.

... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus calling for the

records relating to the detention order passed by the second respondent in BCDFGISSSV No.418 of 2023 dated 22.09.2023 against the petitioner's husband branding him as immoral traffic offender and quash the same and direct the respondent to produce the petitioner's husband Elavarasan s/o. Karunanidhi aged about 30 years now confine at Central Prison, Puzhal Chennai before this Court and set him at liberty. For Petitioner :

Mr.A.Nirmal Kumar Sharma For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner, wife of the detenu, Elavarasan, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 25.09.2023 slapped on her husband, branding him as "Immoral Traffic Offender" under the Tamil Nadu Prevention of Dangerous 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 22.09.2023 has been revoked by the Government in G.O. [Rt] No.6100, Home, Prohibition & Excise (XIII) Department, dated 30.10.2023 and he has also produced a copy of the said order.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] 30.01.2024 pvs Internet : Yes Index : Yes / No

To

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600009.

2. The Commissioner of Police, O/o the Commissioner of Police, Greater Chennai 600007.

3. The Superintendent, Central Prison, Puzhal, Chennai 600066.

4. The Inspector of Police, R-5 Virugambakkam Police Station, Chennai.

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH , J.

and SUNDER MOHAN, J.

pvs 30.01.2024