Ramya v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1843 of 2022 Ramya .. Petitioner /Daughter of the Detenue Vs.

1.The State of Tamil Nadu Represented by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2.The District Collector and District Magistrate, Sivagangai District, 3.The Superintendent of Prison, Central Prison (Special Prison for Women), 4.The Inspector of Police, Karaikudi South Circle Police Station, .. Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the entire records relating to the detention of petitioner's mother namely Banumathi, wife of Sundar @ Bala Sundar aged about 50 years under Section 2(e) of the Tamil Nadu Act 14 of 1982 vide detention order dated 24.09.2022 made in Cr.M.P.No. 42/D.O/2022 passed by the second respondent herein and quash the same as illegal and consequently direct the respondents herein to produce the person or body of the detenue Banumathi, wife of Sundar @ Bala Sundar, aged about 50 years, now confined at Special Prison for Women, Madurai before this Court and set her at liberty.

For Petitioner : M/s.N.Rekha For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) When the matter was taken up for hearing, the learned Additional Public Prosecutor produced a copy of the proceeding in G.O.Rt.No.7402, Home Prohibition and Excise (IX) Department, dated 07.11.2022 and submitted that the order of detention has been revoked.

2. It is seen that the Advisory Board had perused the grounds of detention and had expressed its opinion that there was no sufficient cause for the detention of Tmt.Banumathi and accordingly, G.O.Rt.No.7402, Home Prohibition and Excise (IX) Department, dated 07.11.2022 has been passed revoking the the order of detention. Hence, the prayer sought for in the present Habeas Corpus Petition has become infructuous. Accordingly, the Habeas Corpus Petition stands closed.

(M.S.R.,J.) (M.N.K.,J.) 13.07.2023 NCC : Yes / No Index : Yes / No Lm/mbi To 1.The Additional Chief Secretary to Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2.The District Collector and District Magistrate, Sivagangai District, 3.The Superintendent of Prison, Central Prison (Special Prison for Women),

4.The Inspector of Police, Karaikudi South Circle Police Station, Tirunelveli.

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

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm/mbi H.C.P.(MD)No.1843 of 2022 13.07.2023