S.Kaviya v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1426 of 2022 S.Kaviya ... Petitioner / Wife of the Detenue Vs.

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

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

3.The Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, Theni District.

4.The Superintendent, Central Prison, Madurai District.

...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records relating to the Detention order passed by the second respondent on 16.08.2022 in Detention Order No.77 of 2022 and to quash the same and direct the respondents to produce the person or body of the detenu, Sundarapandi, S/o.Ravi, aged about 28 years, before this Court and set him at liberty, now detained at Central Prison, Madurai.

For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner is the wife of the detenu, namely, Sundarapandi, aged about 28 years, S/o.Ravi. The detenu has been detained by the 2nd respondent by his proceedings in Detention Order No.77 of 2022 dated 16.08.2022, holding him to be a "Drug Offender", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

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2.The learned Additional Public Prosecutor appearing for the respondents has submitted that the detention order, which is impugned herein, has already been revoked by the competent authority. Therefore, the prayer sought for herein has become infructuous. 3.Recording the said statement made by the learned Additional Public Prosecutor for the respondents, this Habeas Corpus Petition stands closed.

(R.S.K., J.) & (K.K.R.K, J.) 24.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

3.The Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, Theni District.

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR 4.The Superintendent, Central Prison, Madurai District.

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

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