Muniyajothi v. The Additional Secretary To Government Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Muniyajothi ... Petitioner/Wife of the Detenu Vs.
1.The Additional Secretary, Government of India, Ministry of Consumer affairs, Food and Public Distribution (Department of Consumer affairs), Room No.270 Krishi Bhavan, New Delhi - 110 001.
2.The Secretary, Government of Tamilnadu, Co-operation, Food and Consumer Protection Department, Secretariat, Fort St. George, Chennai - 600 009.
3.The District Collector and District Magistrate, Madurai District, Madurai.
4.The Inspector of Police, CSCID, Madurai.
5.The Superintendent of Prison, Central Prison, Madurai. ... respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records pertaining to the order of detention passed by the third respondent in his proceedings C.M.P.No.02/2021(CS) dated 20.09.2021 and quash the same as illegal and produce the detenu namely P.Mariappan, Son of Ponnaiah, aged about 35 years, now he is confined at Central Prison, Madurai before this Court and set his at liberty. 1/3
For Petitioner : Mr.T.Lenin Kumar For R-1 : Mrs.L.Victoria Gowri, Assistant Solicitor General of India For R-2 to R-5 : Mr.A.Thiruvadi Kumar, 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,P.Mariappan, Son of Ponnaiah, aged about 35 years, challenging the detention order inC.M.P.No.02/2021(CS) dated 20.09.2021 passed by the third respondent, branding him as a "Black Marketer" as contemplated under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7 of 1980).
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.228, Co-operation, Food and Consumer Protection (E2) Department, dated 20.10.2021, would state that the impugned detention order has been revoked by the Advisory Board and hence, this Court is of the view that nothing survives for adjudication in this Habeas Corpus Petition.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 (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) pm To 1.The Additional Secretary, Government of India, Ministry of Consumer affairs, Food and Public Distribution (Department of Consumer affairs), Room No.270 Krishi Bhavan, New Delhi - 110 001.
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2.The Secretary, Government of Tamilnadu, Co-operation, Food and Consumer Protection Department, Secretariat, Fort St. George, Chennai - 600 009.
3.The District Collector and District Magistrate, Madurai District, Madurai.
4.The Inspector of Police, CSCID, Madurai.
5.The Superintendent of Prison, Central Prison, Madurai.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
7.The Joint Secretary to Government, Public (Law & Order), Fort St.George, Chennai - 9.
ORDER MADE IN H.C.P(MD).No.1579 of 2021 01.04.2022 PA(12.04.2022) 3P 8C 3/3