M. Saraswathi v. The Principal Secretary To Government

H.C.P.(MD) No.1451 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1451 of 2021 M.Saraswathi ... Petitioner/wife of the detenue Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Home, (Prohibition and Excise Department), Secretariat, Chennai - 9.

2.The District Collector / District Magistrate, Collectorate, Thoothukudi District.

3.The Superintendent of Central 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 in Detention Order H.S.(M) Confdl No.126 of 2021 dated 09.09.2021 passed by the second respondent on the petitioner's husband namely Thiru.Muthalagu, (57/2020), S/o.Senthurapandi, who is detained and confined at Palayamkottai Central Prison, Tirunelveli District before this Honourable Court and set him at liberty. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.S.Ravi, Additional Public Prosecutor.

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

This habeas corpus petition has been filed by the wife of the detenu, namely, Muthalagu, (57/2020), S/o.Senthurapandi, challenging the detention order in H.S.(M) Confdl No.126 of 2021 dated 09.09.2021 passed by the second respondent, branding him as "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982.

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H.C.P.(MD) No.1451 of 2021

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, by producing a copy of G.O.Rt.No.5700, Home Prohibition & Excise (XV) Department, dated 26.11.2021, would state that the impugned detention order has been revoked by the Advisory Board and hence, this Court is of the view that nothing survives for adjudication in this Habeas Corpus Petition.

3. In view of the same, the Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) pm To 1.The Principal Secretary to Government, State of Tamil Nadu, Home, (Prohibition and Excise Department), Secretariat, Chennai - 9.

2.The District Collector / District Magistrate, Collectorate, Thoothukudi District.

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

4. The Joint Secretary to Government, Public (Law &Order) Fort St.Goerge, Chennai 600 009 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-14355[F] dated 24/03/2022 ) H.C.P(MD).No.1451 of 2021 23.03.2022 CK(CO) KB(06.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2