S. Vidhiya v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.02.2016 Coram THE HONOURABLE MR.JUSTICE A.SELVAM AND THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM H.C.P(MD)No.43 of 2016 S.Vidhiya .. Petitioner Vs.

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

2.The Commissioner of Police, Madurai City, 3.The Superintendent of Prison, Madurai Central Prison, 4.The Inspector of Police, P-3, Theppakulam Police Station, Madurai 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 entire records connected with the detention order of the respondent No.2 in No.170/BCDFGISSSV/2015 dated 01.12.2015 and quash the same and direct the respondents to produce the body and person of the petitioner's husband by name Moolakarai @ Chandrasekar, aged about 24 years, son of Chinnadurai detained in Madurai Central Prison before this Court and set him at liberty forthwith and pass such further or other orders. For Petitioner : No appearance For Respondents : 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 01.12.2015 passed in No.170/BCDFGISSSV/2015 by the detaining authority, who has been arrayed as the second respondent herein.

2. It is averred in the petition that the petitioner is the wife of the detenu by name Moolakarai @ Chandrasekar and he has been detained as per order passed in No.170/BCDFGISSSV/2015, dated 01.12.2015. Under the said circumstances, the present petition has bene filed for getting the relief sought therein.

3. The learned counsel appearing for the petitioner is not present.

4. The Additional Public Prosecutor has represented that the detention order passed against the detenu has been revoked in pursuant to G.O.Rt.No.444, dated 01.02.2016.

5. In fact, this Court has perused G.O.Rt.No.444, dated 01.02.2016, wherein it has been specifically mentioned that the impugned detention order passed against the detenu has been revoked.

6. Considering the aforesaid factual circumstances, the relief sought in the petition has become infructuous.

7. In fine, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Madurai City,

3.The Superintendent of Prison, Madurai Central Prison, (In duplicate for communication to detenu) 4.The Inspector of Police, P-3, Theppakulam Police Station, Madurai District.

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

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

7. The Superintendent of Prison, Central Prison, Trichy.

H.C.P(MD)No.43 of 2016 08.02.2016 ps SH/PM-MP:29.02.2016:3P/9C