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Madras High CourtHCP(MD)/775/2020closed

U.Chellammal @ Duraichi v. The Additional Chief Secretary To Government

2020-12-03Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD) No.775 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.775 of 2020 U.Chellammal @ Duraichi

...Petitioner/Wife of Detenue

-vs1.State of Tamil Nadu Rep.by the Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-600 009 2.The District Collector and District Magistrate Tirunelveli District, Tirunelveli 3.The Superintendent of Prison Central Prison Palayamkottai, Tirunelveli ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, calling for the entire records connected with the detention order passed in M.H.S.Confdl No.62/2020 dated 14.09.2020, on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's husband i.e., Umesh, aged about 30 years, son of Chellappa, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

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, Umesh, son of Chellappa, aged about 30 years, challenging the detention order in M.H.S.Confdl No.62/2020 dated 14.09.2020, passed by the second respondent, branding him as "Drug Offender" as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.775 of 2020

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor for the respondents, by producing a copy of G.O.Rt.No.4645, Home, Prohibition & Excise (XIV) Department, dated 28.10.2020, would state that the impugned detention order has been revoked.

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

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) 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.

krk To:

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

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

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

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

H.C.P.(MD) No.775 of 2020 03.12.2020 VB (15.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2