Pavithra v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024 CORAM :

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

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

2.The Commissioner of Police/ Detaining Authority, Coimbatore City, Coimbatore District.

3.The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.

4.State Rep. by its The Inspector of Police, E-3 Saravanampatty Police Station, Coimbatore 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 entire records, relating to the petitioner's husband detention under Tamil Nadu Act, 14 of 1982 vide detention order, dated 28.11.2023 on the file of the second respondent herein made in proceedings C.No.77/G/IS/2023, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's husband namely S.Sivaneshwar @ SRP Siva, S/o.Sankar, aged about 27 years before this Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained at Central Prison, Coimbatore.

For Petitioner :

Mr.W.Camyles Gandhi 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., S.Sivaneshwar @ SRP Siva, S/o.Sankar, aged about 27 years, detained at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent dated 28.11.2023 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that the order of detention passed by the second respondent as against the petitioner's husband, dated 28.11.2023 has been revoked by the Government in G.O.Rt.No.297, Home, Prohibition and Excise (XII) Department, dated 18.01.2024 and he has also produced a copy of the said order.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] 27.03.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

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

2.The Commissioner of Police/ Detaining Authority, Coimbatore City, Coimbatore District.

3.The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.

4.The Inspector of Police, E-3 Saravanampatty Police Station, Coimbatore District.

5.The Public Prosecutor, High Court, Madras.

27.03.2024