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Madras High CourtHCP(MD)/1647/2021revoked

R.Valli v. The Additional Chief Secretary To Governement

2022-03-23Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1647 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.1647 of 2021 R.Valli ... Petitioner/mother of the detenue Vs.

1.State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. Goerge, Chennai - 600 009.

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

3.The Superintendent of Prison, Central Prison, Trichy.

... 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 P.D.No.115/2021 dated 07.09.2021 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 son i.e., Packiyaraj, aged about 39 years, S/o.Ramaiah Thevar, now detained at Central Prison, Trichirapalli, before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Pragalathan 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 mother of the detenu, namely, Packiyaraj,S/o.Ramaiah Thevar, aged about 39 years, challenging the detention order in P.D.No.115/2021 dated 07.09.2021 passed by the second respondent, branding him as a "Drug https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1647 of 2021 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.5746, Home Prohibition & Excise (XV) Department, dated 26.11.2021, would state that the impugned detention order has been revoked by the Advisory Board and hence, this Court is of the view that nothing survives for adjudication in this Habeas Corpus Petition.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-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Pm To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. Goerge, Chennai - 600 009.

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

3.The Superintendent of Prison, Central Prison, Trichy.

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

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

H.C.P(MD).No.1647 of 2021 23.03.2022 RD(04.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2