Sarala v. Principal Secretary, Home Prohibition And Excise Deprt Ch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.2317/2018 Sarala ..

Petitioner vs.

1.State of Tamil Nadu rep.by its Secretary, Home, Prohibition and Excise Department Secretariat, Chennai 600 009.

2.The District Collector and District Magistrate of Cuddalore District, Cuddalore.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the entire records leading to the detention of the petitioner's husband who is detained as Bootlegger at Central Prison, Cuddalore by the 2nd respondent vide his order C3/D.O./55/2018 dated 05.09.2018 and quash the same as illegal and consequently direct the 2nd respondent to produce the body of the detenu Sathivel/detenu, son of Kanniyappan, aged about 42 years from the Central Prison, Cuddalore before this Court and set him at liberty.

For Petitioner .. Mr.Om.Sairam For Respondents.. Mr.C.Iyyappa Raj, APP

ORDER

(Order of the Court was made by M.SATHYANARAYANAN, J) Petitioner, wife of the detenu herein, viz., Sakthivel, aged about 42 years, has come forward with this petition challenging the detention order passed by the second respondent dated 05.09.2018 against her husband branding him as a "Bootlegger" 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of detention passed by the second respondent as against the husband of the petitioner herein dated 05.09.2018, has been revoked by the Government in G.O.Rt.No.4686, Home, Prohibition & Excise [XI] Department dated 24.10.2018 and he https://hcservices.ecourts.gov.in/hcservices/

has also produced a copy of the said order.

3.Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP To 1.The Secretary, State of Tamil Nadu Home, Prohibition & Excise Department Secretariat, Chennai 600 009.

2.The District Collector and District Magistrate of Cuddalore District, Cuddalore.

3.The Public Prosecutor, Madras High Court, Madras.

4.The Superintendent Central Prison, Cuddalore.

5.The Joint Secretary, (Law & Order) Secretariat, Fort St.George, Chennai H.C.P.No.2317/2018 sai(co) nr 05/03/2019 https://hcservices.ecourts.gov.in/hcservices/