Muthu v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Muthu ... Petitioner/Brother of the detenu -vs1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department State of Tamilnadu Fort St.George, Chennai-600 009 2.The District Collector and the District Magistrate Tirunelveli District Tirunelveli-9.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the entire records, connected with the detention order of the respondent No.2 in M.H.S.Confdl.No.74/2020, dated 28.09.2020 and to quash the same and to direct the respondents to produce the detenu by name Kittan @ Navaneethakrishna, son of Archuna Thevar, aged about 29 years, now detained in Palayamkottai Central Prison before this Court and set him at liberty forthwith.

For Petitioner :

Mr.R.Vinoth Bharathi 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 brother of the detenu, namely, Kittan @ Navaneethakrishna, son of Archuna Thevar, aged about 29 years, challenging the detention order in 1/3

M.H.S.Confdl.No.74/2020, dated 28.09.2020, passed by the second respondent, branding him as "Drug Offender" as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982.

2. 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.4976, Home, Prohibition & Excise (XIV) Department, dated 17.11.2020, would state that the impugned detention order has been revoked.

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

Sd/- Assistant Registrar (AE) // True Copy // / /2020 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 Home, Prohibition and Excise Department State of Tamilnadu Fort St.George, Chennai-600 009 2.The District Collector and the District Magistrate Tirunelveli District Tirunelveli-9.

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

2/3

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

ORDER MADE IN 07.12.2020 VB (16.12.2020) 3P 5C 3/3