Meenambal v. The Additional Chief Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Meenambal ... Petitioner Vs.

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Magistrate and District Collector, O/o.of District Collector, Thanjavur District, Thanjavur.

3.The Prison Officer-cum-the Superintendent, Central Prison, Tiruchirappalli.

4.The Inspector of Police, Ammapettai Police Station, Thanjavur 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 pertaining to detention order, dated 23.08.2021 passed by the second respondent in P.D.No.108/2021 and quash the same as illegal and further direct the respondents herein to produce the body or person of the detenu namely Hitachi Kumar alias Kumar, aged 32/2021, S/o.Balu, now detained at Central Prison, Tiruchirappalli before this Court and set him at liberty.

For Petitioner : Mr.M.Ramesh 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 grandmother of the detenu, namely, Hitachi Kumar alias Kumar, Son of Balu, aged 32 years, challenging the detention order No.108/2021, 1/3

dated 23.08.2021 passed by the second respondent, branding him as "Drug Offender" as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982.

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No.5463, Home Prohibition & Excise (XV) Department, dated 15.11.2021, would state that the impugned detention order has been revoked by the Advisory Board and hence, this Court is of the view that nothing survives for adjudication in this Habeas Corpus Petition.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-III) // True Copy // / /2022 Sub Assistant Registrar(CS) am 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.

Note :

To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Magistrate and District Collector, O/o.of District Collector, Thanjavur District, Thanjavur.

3.The Prison Officer-cum-the Superintendent, Central Prison, Tiruchirappalli.

4.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

2/3

5.The Joint Secretary to Government, Public (Law & Order), Fort saint George, Chennai-600 009.

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

H.C.P(MD).No.1571 of 2021 01.03.2022 RD(16.03.2022) 3P 7C 3/3