Saranya v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Saranya ... Petitioner/wife of the detenue Vs.

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

2.The District Collector and District Magistrate, Kancheepuram, 3.The Superintendent of Police, Kancheepuram, 4.The Superintendent, Central Prison, Puzhal, Chennai District.

5.State rep. by The Inspector of Police, Siva Kanchi Police Station, ... 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 in connection with the order of detention passed by the second respondent dated 29.10.2023 in Rc.No.211/2023/M6-D.O.No.38/2023 against the petitioner's husband viz., Arivazhagan, M/A, 34 years, son of Dhamotharan, who is confined at Central Prison, Puzhal, Chennai and set aside the same and consequently, direct the respondents to produce the detenue before this Court and set him at liberty. For Petitioner :

Mr.A.Saranraj 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 is the wife of the detenu viz., Arivazhagan, 34 years, son of Dhamotharan, confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the

second respondent dated 29.10.2023 slapped on her husband, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand 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that the order of detention passed by the second respondent as against the petitioner's husband, dated 29.10.2023 has been revoked by the Government in G.O.Rt.No.6847, Home, Prohibition and Excise (XI) Department, dated 07.12.2023 and he has also produced a copy of the said order.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] 05.03.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector and District Magistrate, Kancheepuram, 3.The Superintendent of Police, Kancheepuram, 4.The Superintendent, Central Prison, Puzhal, Chennai District.

5.The Inspector of Police, Siva Kanchi Police Station, 6.The Public Prosecutor, High Court, Madras.

05.03.2024