Vasanthi v. The Additional Chief Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Vasanthi ... Petitioner/Wife of the detenue -vs1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The District Collector and District Magistrate, Tiruchirappalli District, Tiruchirappalli.

3.The Superintendent of Prison, Central Prison, Tiruchirappalli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the records pertaining to the impugned Detention Order passed by the second respondent made in his proceedings in Cr.M.P.NO.58 of 2020 dated 15.6.2020 in detaining the detenue under Section 2(gg) of the Tamil Nadu Act 14 of 1982 as a Sand Offender and quash the same and direct the respondents to produce the detenu namely Pandiyan @ Pandiyarajan, son of Chinna Devar, Male, aged about 33 years, who is detained in Central Prison, Tiruchirappalli and set him at liberty. For Petitioner :

Mr.N.Pragalathan for M/s.G.Karnan For Respondent-1 :

Mr.V.Neelakandan Additional Public Prosecutor 1/3

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed by the wife of the detenu, namely, Pandiyan @ Pandiyarajan, son of Chinna Devar, aged about 33 years, challenging the detention order in Cr.M.P.NO.58 of 2020, dated 15.6.2020 passed by the second respondent, branding him as "Sand Offender" as contemplated under Section 2(gg) of Tamil Nadu Act 14 of 1982.

2. 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.3285, Home, Prohibition & Excise (XII) Department, dated 07.08.2019, would state that the impugned detention order has been revoked.

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

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS ) vsn 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 the Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2/3

2.The District Collector and District Magistrate, Tiruchirappalli District, Tiruchirappalli.

3.The Superintendent of Prison, Central Prison, Tiruchirappalli.

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

ORDER MADE IN 24.09.2020 NR (05.10.2020) 3P 5C 3/3