Madras High CourtHCP(MD)/1359/2021revoked

S.Shanthi v. The Additional Cheif Secretary To Government

2022-03-21Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1359 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1359 of 2021 S.Shanthi ... Petitioner / Mother of the Detenu Vs.

1.State of Tamil Nadu, Represented by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector / District Magistrate, O/o.The District Collector and District Magistrate, Mayiladuthurai District, Mayiladuthurai.

3.The Superintendent, Central Prison, Tiruchirappalli.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records in detention order passed in C.O.C.No.16/2021 dated 02.09.2021 on the file of the second respondent herein and set aside the same as illegal and direct the respondents to produce the body or person of the petitioner's son, namely, Baladhandayuthapani, S/o.Saminathan, male aged 27 years, who is detained at Central Prison, Tiruchirappalli before this Court and set him at liberty. For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the mother of the detenu, namely, Baladhandayuthapani, S/o.Saminathan, aged about 27 years. The detenu has been detained by the second respondent by his proceedings in C.O.C.No.16/2021 dated 02.09.2021, holding him to be a "Bootlegger", as contemplated under Section 2(b) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1359 of 2021 2.The learned Additional Public Prosecutor appearing for the respondents by producing a copy of G.O.Rt.No.5540, Home, Prohibition & Excise (XV) Department, dated 19.11.2021, would submit that the impugned detention order in C.O.C.No.16/2021 dated 02.09.2021 has been revoked by the Advisory Board.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 To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The District Collector / District Magistrate, O/o.The District Collector and District Magistrate, Mayiladuthurai District, Mayiladuthurai.

3.The Superintendent, Central Prison, Tiruchirappalli.

4.The Joint Secretary to Government, Public (Law & Order ), Fort St.George, Chennai -9.

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

H.C.P.(MD)No.1359 of 2021 21.03.2022 RK(01/04/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2