K. Nagavalli v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI K.Nagavallai ... Petitioner -vs1.State of Tamil Nadu, rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.

2.The District Collector and District Magistrate, O/o The District Collector and District Magistrate, Thanjavur District, Thanjavur.

3.The Superintendent, Central Prison, Tiruchirappalli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus to call for the entire records in detention order passed in P.D.No.02/2020 dated 12.01.2020 on the file of the second respondent herein and set aside the same as illegal and direct the respondents to produce the body or person of the petitioner's husband namely, Panni Krishnamoorthy alias Krishnamoorthy, S/o Govindaraj, male, aged 36 years, who is detained in Central Prison, Tiruchirappalli before this Court and set him at liberty.

For Petitioner :

Mr.K.A.S. Prabhu For Respondents :

Mr.V.Neelakandan Additional Public Prosecutor 1/3

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed the habeas corpus petition seeking to quash the proceedings of the second respondent in P.D.No.02/2020 dated 12.01.2020, branding the detenu viz., her husband, Panni Krishnamoorthy alias Krishnamoorthy, S/o Govindaraj, male, aged 36 years as a "Sand Offender" as contemplated under Section 2(gg) of Tamil Nadu Act, 14 of 1982, detained him at the Central Prison,Tiruchirappalli and set him at liberty.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents, by producing a copy of G.O.Rt.No.809, Home, Prohibition & Excise (XV) Department, dated 17.02.2020, would state that the impugned detention order has been revoked.

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

Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) skn 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 - 9.

2.The District Collector and District Magistrate, O/o The District Collector and District Magistrate, Thanjavur District, Thanjavur.

2/3

3.The Superintendent, Central Prison, Tiruchirappalli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

07.08.2020 KM(CO) TR(19.08.2020) 3P 5C 3/3