Madras High CourtHCP(MD)/556/2020closed

S.Rasika v. The Additional Chief Secretary To Government

2020-10-16Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD) No.556 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.556 of 2020 S.Rasika : Petitioner/Wife of the detenue -vs1. State of Tamil Nadu 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, Tiruchirappalli District, Tiruchirappalli.

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 Cr.M.P.No.63/2020 dated 29.07.2020 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, Suntharavelu, S/o Karalan, male, aged 26 years, who is detained in Central Prison, Tiruchirappalli before this Court.

For Petitioner :

Mr.K.A.S.Prabhu 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 petitioner has filed the habeas corpus petition seeking to quash the proceedings of the second respondent in Cr.M.P.No.63/2020 dated 29.07.2020, branding the detenu viz., her husband, Suntharavelu, male, aged about 26 years, S/o Karalan, 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 to set him at liberty.

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H.C.P.(MD) No.556 of 2020

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.3717, Home, Prohibition & Excise (XII) Department, dated 07.09.2020, would state that the impugned detention order has been revoked.

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

Sd/- Assistant Registrar (CS-II) // 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, Tiruchirappalli District, Tiruchirappalli.

3. The Superintendent, Central Prison, Tiruchirappalli.

4 The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai - 9.

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

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