Maruthanayagi v. State Rep By

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 Maruthanayagi ... Petitioner Vs.

1. The Secretary to Government, Government of Tamil Nadu (Home) Prohibition and Excise Department, Fort St. George, Chennai.

2. The District Collector and District Magistrate, Vellore District, Vellore 9.

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

4. The Superintendent, Central Prison, Vellore, Vellore District.

5. The Inspector of Police, Gudiyatham Prohibition Enforcement Wing, Gudiyatham, Vellore 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

records relating to the impugned order C3/D.No.98/2023, dated 25.09.2023 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the detenue namely Raji @ Arai Idly Raji son of Venkatesan, aged about 29 years, now confined at Central Prison, Vellore before this Court and set him at liberty. For Petitioner :

Mr.G.Vinodh Kumar 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, namely Raji @ Arai Idly Raji, 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 "Bootlegger" 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 25.09.2023 has been revoked by the Government in G.O. [Rt] No.6244, Home, Prohibition & Excise (IX) Department, dated 06.11.2023 and he has also produced a copy of the said order.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] 30.01.2024 pvs Internet : Yes Index : Yes / No

To

1. The Secretary to Government, Government of Tamil Nadu (Home) Prohibition and Excise Department, Fort St. George, Chennai.

2. The District Collector and District Magistrate, Vellore District, Vellore 9.

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

4. The Superintendent, Central Prison, Vellore, Vellore District.

5. The Inspector of Police, Gudiyatham Prohibition Enforcement Wing, Gudiyatham, Vellore District.

6.The Public Prosecutor, High Court, Madras.

M.S.RAMESH , J.

and SUNDER MOHAN, J.

pvs 30.01.2024