Vinothini v. The Additional Cheif Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Vinothini ... Petitioner/Wife of the detenu -vs1.The State of Tamil Nadu,represented by The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009 2.The District Collector and the District Magistrate, Office of the District Collector and District Magistrate, Nagapattinam District Nagapattinam.

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 calling for the entire records in detention order passed in C.O.C.No.23 of 2021, dated 14.07.2021,on the file of the second respondent and to set aside the same as illegal and to direct the respondents to produce the body or person of the Petitioner's husband namely, Seruthur Selvam @ Selvam, Son of Kuppamuthu, male, aged 38 years, who is detained in Central Prison, Tiruchirappalli.

For Petitioner :

Mr.K.A.S.Prabhu For Respondents :

Mr.S.Ravi Addl.Public Prosecutor

O R D E R

R.SUBRAMANIAN,J AND N.SATHISH KUMAR,J This habeas corpus petition has been filed by the wife of the detenu, namely, Seruthur Selvam @ Selvam, Son of Kuppamuthu, aged 38 years, challenging the detention order in C.O.C.No.23 of 1/3

2021, dated 14.07.2021, passed by the second respondent, branding him as "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982.

2.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, by producing a copy of G.O.Rt.No.3998, Home, Prohibition & Excise (XV) Department, dated 31.08.2021, would state that the impugned detention order has been revoked by the Advisory Board and hence this Court is of the view that nothing survives for adjudication in this Habeas Corpus Petition.

3. In view of the same, the Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsn 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, Government of Tamil Nadu, Home, Prohibition and Excise Department Secretariat, Chennai-600 009 2.The District Collector and the District Magistrate, Office of the District Collector and District Magistrate, Nagapattinam District Nagapattinam.

3.The Superintendent, Central Prison, Tiruchirappalli.

2/3

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.

ORDER MADE IN 22.02.2022 NA(CO) GC(03.03.2022) 3P 6C 3/3