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Madras High CourtHCP(MD)/938/2020closed

Padma Preetha v. The Additional Chief Secretary To Government

2020-12-16Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Padma Preetha ... Petitioner -vs1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

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

4. The Inspector of Police, Thoothukudi North Police Station, ... 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 in H.S(M) Confdl. No.83/2020 dated 08.10.2020 on the file of the respondent No.2 and quash the same as illegal and direct the respondents to produce the body or person of the petitioner's husband namely, Muralithass Ghandhi @ Murali, son of Lakshmi Narayanan aged about 40 years now confined at Central Prison, Palayamkottai, Tirunelveli before this Court and set him at liberty forthwith.

For Petitioner :

Mr.S.M.A.Jinnah For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor 1/3

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 H.S(M) Confdl. No.83/2020 dated 08.10.2020, branding the detenu viz., his husband, Muralithass Ghandhi @ Murali, son of Lakshmi Narayanan aged about 40 years, as a "Drug Offender" as contemplated under Section 2(e) of Tamil Nadu Act, 14 of 1982, detained him at the Central Prison, Palayamkottai 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.5187, Home, Prohibition & Excise (XII) Department, dated 27.11.2020, would state that the impugned detention order has been revoked.

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

Sd/- Assistant Registrar (Records) // 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, Secretariat, Chennai - 600 009.

2. The District Magistrate and District Collector, Thoothukudi District, 2/3

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

4. The Inspector of Police, Thoothukudi North Police Station,

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

16.12.2020 KVN(CO) CS(29.12.2020) 3P 6C 3/3