Madras High CourtHCP(MD)/1670/2021revoked

R.Chitradevi v. The Additional Chief Secretary To Government

2022-04-26Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1670 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1670 of 2021 R.Chitradevi ... Petitioner / Wife of the Detenu -Vs1.State rep. by its, The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

3.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 entire records connected with the detention order passed in Detention Order No.B.C.D.F.G.I.S.S.S.V.No.18/2021 (TPDA.No.7687/05.10.2021) on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenue or body of the detenue, namely, Rajkumar, S/o.Rajakkani, aged about 26 years, who is now detained at Central Prison, Madurai, before this Court and set him at liberty forthwith.

For Petitioner : Mr.K.Samidurai For Respondents : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner is the wife of the detenu, namely, Rajkumar, S/o.Rajakkani, aged about 26 years. The detenu has been detained by the second respondent by his proceedings in Detention Order No.B.C.D.F.G.I.S.S.S.V.No.18/2021 (TPDA.No.7687/05.10.2021), holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

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H.C.P.(MD) No.1670 of 2021 2.The learned Additional Public Prosecutor appearing for the respondents, by producing a copy of G.O.Rt.No.5703, Home, Prohibition & Excise (IX) Department, dated 26.11.2021, would submit that the impugned detention order in Detention Order No.B.C.D.F.G.I.S.S.S.V.No.18/2021 (TPDA.No.7687/05.10.2021), has been revoked by the Advisory Board. Hence, the prayer sought for herein has become infructuous.

3.Recording the same, this Habeas Corpus Petition is dismissed as having become infructuous.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.The Additional Chief Secretary to the Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

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

4. The Joint Secretary to Government, Public (Law &Order) Fort St.Goerge, Chennai 600 009 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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