Subbammal v. The Additional Chief Secretary To Government

H.C.P.(MD) No.1129 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.1129 of 2020 Subbammal ... Petitioner/Wife of the Detenue -vs1. State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

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

... 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 passed in M.H.S.Confdl.No.105/2020 dated 21.11.2020 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely, the petitioner's husband i.e., Palani, aged about 59 years, S/o Subbaiah Thevar, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith. For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

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 M.H.S.Confdl https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1129 of 2020 No.105/2020 dated 21.11.2020, branding the detenu viz., her husband, Palani S/o Subbaiah Thevar aged about 59 years, as a "Goonda" as contemplated under Section 2(f) 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.223, Home, Prohibition & Excise (XIV) Department, dated 11.01.2021, would state that the impugned detention order has been revoked.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS ) 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 Collector and District Magistrate, Tirunelveli District,Tirunelveli.

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

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD) No.1129 of 2020 02.02.2021 skn AE/ (01/03/2021) 2P / 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2