T.Rekha v. Secretary Government Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.2366 of 2018 T.Rekha ... Petitioner -vs1.

Secretary, Bureau, 6th Floor, B Wing, Janpath Bhawan, 2.

Joint Secretary (COFEPOSA), Bureau, 6th Floor, B Wing, Janpath Bhawan, 3.

Commissioner of Custom, Customs, Chennai - III, Customs Houses, Chennai - 600 001.

4.

The Superintendent, Central Prison, II Puzhal, Chennai - 600 066.

... Respondents Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to call for the records in Detention Order F.No. PD12002/16/2018-COFEPOSA, dated 29.08.2018, passed by the respondent No.2 and quash the same, and consequently direct the respondents to produce Mr.M.Thirumalai Thiyagarajan, s/o. Mr.T.T.Manohara Boopathy, aged 30 years, presently confined at

Central Prison, Puzhal, Chennai, before this Court and set him at liberty.

For Petitioner :

Mr.Venugopal For Respondents :

Mr.G.Karthikeyan Assistant Solicitor General of India 1 to 3 For Respondent No.4: Mr.R.Prathapkumar Additional Public Prosecutor

O R D E R

(Order of the Court was made by C.T.SELVAM, J) Petitioner is the wife of the detenu, namely, Mr.M.Thirumalai Thiyagarajan, S/o. Mr.T.T.Manohara Boopathy, who has been detained under orders of second respondent passed in F.No.PD-12002/16/2018-COFEPOSA, dated 29.08.2018. Such order is under challenge herein.

2. Mr.G.Karthikeyan, learned Assistant Solicitor General of India would submit that the detention order passed against the husband of petitioner in F.No.PD-12002/16/2018-COFEPOSA, dated 29.08.2018 on the file of the second respondent, is revoked by the Under Secretary to the Government of India vide order dated 16.11.2018 and produced a copy of the said order.

3. In view of the above, this Habeas Corpus Petition is closed as it has become infructuous.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Jrl To 1.

Secretary, Bureau, 6th Floor, B Wing, Janpath Bhawan,

2.

Joint Secretary (COFEPOSA), Bureau, 6th Floor, B Wing, Janpath Bhawan, 3.

Commissioner of Custom, Customs, Chennai - III, Customs Houses, Chennai - 600 001.

4.

The Superintendent, Central Prison, II Puzhal, Chennai - 600 066.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Karthikeyan, Advocate, S.R.No.80309 H.C.P.No.2366 of 2018 SJ(CO) GSP(11/12/2018)