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Madras High CourtHCP(MD)/143/2019dismissed as infructuous

Arokiamary, v. The Principal Secretary To

2019-07-10Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.143 of 2019 Arokiamary ... Petitioner Vs.

1.The Principal Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli District.

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

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus to call for the entire records pertaining to the impugned detention order passed by the 2nd respondent made in his proceedings in C.No.05/Detention/C.P.O/T.C/2019 dated 24.01.2019 in detaining the detenue under Section 2(f) of the Tamilnadu Act 14/1982 as a Goonda and quash the same and direct the respondents to produce the Detenue namely Vaithan @ Sudhakar S/o. Andhuvan @ Soosairaj, Male, aged about 40 years, who is detained in Central Prison, Tiruchirappalli before this Hon'ble Court and set him at liberty. For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor * * * * *

ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J.) The petitioner is the wife of the detenu and challenging the legality of the impugned order of detention dated 24.01.2019, passed by the second respondent, under Section 3(1) 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) and branding him as 'Goonda' in C.No.05/Detention/C.P.O/T.C/2019, came forward to file the present Habeas Corpus Petition.

2. Heard the submissions of the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents, who, on instructions, would submit that the detention order dated 24.01.2019 passed by the second respondent in C.No.05/Detention/C.P.O/T.C/2019 has been revoked by the first respondent vide G.O.(Rt).No.929, Home, Prohibition & Excise (XII) Department, dated 15.03.2019.

3. In view of the said development, nothing survives for adjudication in this petition.

4. In fine, this Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS- ) sj To 1.The Principal Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli District.

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

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

H.C.P(MD)No.143 of 2019 10.07.2019 ES/23.07.2019/3P/5C