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Madras High CourtHCP(MD)/1360/2021revoked

Vijayambal v. The Additional Chief Secretary To Government

2022-03-14Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1360 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1360 of 2021 Vijayambal ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

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

3.The Inspector of Police, Prohibition Excise Wing, Pudukkottai.

4.The Superintendent of Prison, Central Prison, Trichy.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records relating to the Detention Order in P.D.O.No.45/2021 dated 01.08.2021 and quash the same and direct the respondents to produce the detenu Prabhu, S/o.Durairaj, Male, aged about 34 years, who is detained at the Central Prison, Trichy, before this Court and set him at liberty.

For Petitioner : Mr.S.Muniyandi For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the mother of the detenu, namely, Prabhu, S/o.Durairaj, aged about 34 years. The detenu has been detained by the second respondent by his proceedings in P.D.O.No.45/2021 dated 01.08.2021 holding him to be a "Boot-Legger", as contemplated under Section 2(b) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

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H.C.P.(MD) No.1360 of 2021

2. The learned Additional Public Prosecutor appearing for the respondent, by producing a copy of G.O.Rt.No.5020, Home, Prohibition & Excise (XIV) Department, dated 28.10.2021, would state that the impugned detention order has been revoked and hence, the prayer sought for in this Habeas Corpus Petition has become infructuous.

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

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) rm To 1.The Principal Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

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

3.The Inspector of Police, Prohibition Excise Wing, Pudukkottai.

4.The Superintendent of Prison, Central Prison, Trichy.

5. The Joint Secretary to Government, Public (Law & Order), Fort Saint George, Chennai 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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