Devika v. The Additional Chief Secretary To Government(Home)

H.C.P.(MD) No.858 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.858 of 2020 Devika ... Petitioner -vsThe State rep. by its 1.The Additional Chief Secretary to Government (Home) Prohibition and Excise Department, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009.

2.The District Collector and the District Magistrate, Tiruchirappalli District, Tiruchirappalli.

3.The Superintendent of Police, Tiruchirappalli.

4.The Superintendent of Central Prison, Tiruchirappalli.

5.The Inspector of Police, Jambunathapuram Police Station, Trichy.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the records of pertaining to the order of detention dated 24.09.2020 passed by the second respondent in C.M.P.No.69/2020 and quash the same and produce detenu Paramasivam, aged about 30 years S/o Rasu, detained at the Central Prison Tiruchirappalli before this Court and set him at liberty.

For Petitioner :

Mr.R.Narayanan For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed the habeas corpus petition seeking to quash the proceedings of the second respondent in Detention Order in CMP No.69/2020 dated 24.09.2020, branding the detenu viz., her https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.858 of 2020 husband, Paramasivam son of Rasu, aged about 30 years, as a "Sand Offender" as contemplated under Section 2(gg) of Tamil Nadu Act, 14 of 1982, detained him at the Central Prison, Tiruchirappalli and to set him at liberty.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents, by producing a copy of G.O.Rt.No.5007, Home, Prohibition & Excise (XII) Department, dated 17.11.2020, would state that the impugned detention order has been revoked.

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

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) skn 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 (Home) Prohibition and Excise Department, Government of Tamil Nadu,Fort. St. George,Chennai - 600 009. 2.The District Collector and the District Magistrate, Tiruchirappalli District,Tiruchirappalli.

3.The Superintendent of Police,Tiruchirappalli. 4.The Superintendent of Central Prison,Tiruchirappalli. 5.The Inspector of Police,Jambunathapuram Police Station,Trichy. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

H.C.P.(MD) No.858 of 2020 08.12.2020 PK(CO) AP(23/12/2020) 2 P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2