Thamarai Selvi v. The Additional Chief Secretary To Government

H.C.P.(MD) No.1154 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1154 of 2021 Thamarai Selvi ... Petitioner / Wife of Detenu Vs.

1.The State of Tamil Nadu, Represented by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Secretariat, Chennai-600 009. 2.The District Collector / District Magistrate, Ramanathapuram, Ramanathapuram District.

3.The Superintendent of Prison, Central Prison, Madurai.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records relating to the detention order passed by the second respondent made in S.R.No.61/Goonda/2021 dated 30.07.2021 and quash the same and direct the respondents to produce the detenu Valivittan Son of Krishnan, Male aged 42, who is detained at Central Prison, Madurai before this Court and set him at liberty.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the wife of detenu, namely, Valivittan, Son of Krishnan, aged about 42 years. The detenu has been detained by the second respondent by his proceedings in S.R.No.61/Goonda/2021 dated 30.07.2021 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2.The learned Additional Public Prosecutor appearing for the respondents by producing a copy of G.O.Rt.No.5005, Home, Prohibition https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1154 of 2021 & Excise (IX) Department, dated 28.10.2021, would submit that the impugned detention order S.R.No.61/Goonda/2021 dated 30.07.2021 has been revoked by the Advisory Board. Hence, the prayer sought for herein has become infructuous.

3.Recording the same, this Habeas Corpus Petition is dismissed as having become infructuous.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr 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, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Secretariat, Chennai-600 009. 2.The District Collector / District Magistrate, Ramanathapuram, Ramanathapuram District.

3.The Superintendent of Prison, Central Prison, Madurai.

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

H.C.P.(MD)No.1154 of 2021 18.02.2022 MGJ(02.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2