Saraswathi v. The Additional Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.02.2016 Coram THE HONOURABLE MR.JUSTICE A.SELVAM AND THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM H.C.P(MD)No.1 of 2016 Saraswathi ... Petitioner Vs.

1.The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Department of consumer affairs), Room No.270, Krishi Bhavan, New Delhi - 110 001.

2.The Secretary, Government of Tamil Nadu, Co-operation, Food and Consumer Protection Department, Secretariat, Fort St. George, Chennai - 600 009.

3.The District Collector and District Magistrate, Theni District, Theni.

4.The Inspector of Police, CSCID, Uthamapalayam, Theni District.

... Respondents Prayer:- Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus praying to call for the records pertaining to the order of detention passed by the third respondent in his proceedings in Detention Order No.2/2015 (CS) dated 16.12.2015 and quash the same as illegal and produce the detenu namely Chenguttuvan, son of Pitchai, aged about 26 years, now he is confined in Central Prison, Madurai before this Court and set him at liberty.

For Petitioner : Mr.T.Lenin Kumar For R - 1 : Mr.D.Saravanan For RR 2 to 4 : Mr.C.Ramesh Additional Public Prosecutor

ORDER

(Order of the Court was made by A.SELVAM, J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to detention order dated 16.12.2015 passed in Detention Order No.2/2015 (CS) by the detaining authority, who has been arrayed as third respondent herein.

2. It is averred in the petition that the detenu by name Chenguttuvan is the son of the petitioner and he has been unnecessarily detained as per order, dated 16.12.2015. Under the said circumstances, the present petition has bene filed for getting the relief sought therein.

3. The learned Additional Public Prosecutor has represented that the detention order, dated 16.12.2015 has been subsequently revoked by G.O (Rt) No.51, dated 28.01.2016.

4. Considering the representation made on the side of the respondents and also considering G.O (Rt) No.51, dated 28.01.2016, the relief sought in the petition has become infructuous.

5. In fine, this Habeas Corpus Petition is dismissed. Sd/ Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1.The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Department of consumer affairs), Room No.270, Krishi Bhavan, New Delhi - 110 001.

2.The Secretary, Government of Tamil Nadu, Co-operation, Food and Consumer Protection Department, Secretariat, Fort St. George, Chennai - 600 009.

3.The District Collector and District Magistrate, Theni District, Theni.

4.The Inspector of Police, CSCID, Uthamapalayam, Theni District.

5.The Superintendat of Central Prison Madurai, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One CC to M/s T. Lenin Kumar, Advocate in SR.No.7056 +One CC to M/s D.Saravanan, Advocate in Sr.No.6995 PS CN/GSV-AN/11.2.2016/9c-3P H.C.P(MD)No.1 of 2016 04.02.2016