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Madras High CourtHCP/2381/2023dismissed as infructuous

Poovizhi Keerthana v. State Rep By

2024-01-08Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024 CORAM :

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

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

2. The District Magistrate and District Collector, Office of the District Collector, Tiruvannamalai - 606 604.

3. The Superintendent of Prison, Central Prison, Palayamkottai Tirunelveli District - 627 002.

4. The Inspector of Police, Anakkavoor Police Station, Tiruvannamalai District - 604 401

5. The Inspector of Police, Cheyyar Police Station, Tiruvannamalai District - 604 407 ... 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 entire records connected with the detention order in detention order No.92/2023-C2 dated 15.11.2023 on the file of the District Collector and District Magistrate, Tiruvannamalai District and quash the same as illegal and direct the respondents to produce the body or person of the petitioner's husband Arul, S/o.Arumugam, aged about 45 years and detained at Central Prison, Palayankottai before this Court and set him at liberty. For Petitioner : Ms.Akila RS For Respondents : Mr.Hasan Mohammed Jinnah State Public Prosecutor

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner, wife of the detenu, namely Arul, S/o.Arumugam, aged 45 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 15.11.2023 slapped on her husband, branding him as "Goonda" 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 15.11.2023 has been revoked by the Government in G.O. [Rt] No.43, Home, Prohibition & Excise (XI) Department, dated 04.01.2024 and he has also produced a copy of the said order.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] 08.01.2024 ars Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

ars To

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

2. The District Magistrate and District Collector, Office of the District Collector, Tiruvannamalai - 606 604.

3. The Superintendent of Prison, Central Prison, Palayamkottai Tirunelveli District - 627 002.

4. The Inspector of Police, Anakkavoor Police Station, Tiruvannamalai District - 604 401

5. The Inspector of Police, Cheyyar Police Station, Tiruvannamalai District - 604 407 6.The Public Prosecutor, High Court, Madras.

08.01.2024