Madras High CourtHCP(MD)/46/2021closed

I.Devi v. The Additional Chief Secretary To Government

2021-02-24Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

H.C.P.(MD) No.46 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.46 of 2021 I.Devi ... Petitioner -vs1.State of Tamil Nadu, rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort. St. George, Chennai - 600 009.

2.The Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the entire records connected with the detention order passed in No.13/BCDFGISSSV/2020 dated 28.12.2020 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's husband i.e., Iyyappan, aged about 34 years, S/o Vellapandi Thevar, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The Habeas Corpus Petition has been filed by the wife of the detenu, namely, Iyyappan, son of Vellapandi Thevar aged about 34 years, who has been branded as "Drug Offender" by the second respondent in Detention Order No.13/BCDFGISSSV/2020 dated 28.12.2020, as contemplated under Section 2(e) of the Tamil Nadu Act 14 of 1982.

2.When the matter is taken up for hearing today, the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.46 of 2021 counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents, by producing a copy of G.O.Rt.No.801, Home, Prohibition & Excise (XIV) Department, dated 18.02.2021, would state that the impugned detention order has been revoked by the Government.

3. Recording the above submissions, the habeas corpus petition is closed.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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

2.The Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

4. The Joint Secretary to Government, Public (Law &Order) Fort St.Goerge, Chennai 600 009 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD) No.46 of 2021 24.02.2021 SVN(CO) KB(23.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2