IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.01.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1400 of 2016 G.Lalitha .. Petitioner Vs
1. The State of Tamil Nadu, rep by its Secretary to the Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai-600 009.
2. The District Collector and District Magistrate of Krishnagiri District, Krishnagiri. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records in connection with the order of detention passed by the second respondent dated 23.6.2016 in its office Ref.S.C.No.10/2016, against the petitioner's husband, by name Govindasamy @ Thozhan, son of Govindasamy, aged about 37 years, now confined at the Central Prison, Salem, and to set aside the same and to direct the respondents to produce the above said detenu, before this court and to set him at liberty.
For Petitioner : Mr.E.Kannadasan For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor ORDER (Order of the Court was made by M.JAICHANDREN,J.) This Habeas Corpus Petition has been filed, by the wife of the detenu, namely, Govindasamy @ Thozhan, aged about 37 years, son of Govindasamy, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in S.C.No.10/2016, dated 23.6.2016, passed by the second Respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), branding him as a “Bootlegger”, in the Central Prison, Salem, and to quash the same and to direct the Respondents to produce the body of the detenu and to set him at liberty.
2 At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents would submit that the order of detention passed by the second respondent, against the husband of the petitioner, dated 23.6.2016, has been revoked by the Government, in G.O. Rt. No.3638, Home, Prohibition and Excise (XV) Department, dated 8.8.2016 and he has also produced a copy of the said order.
3 Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous.
(M.J.,J.) (T.M.,J.) 09.01.2017 vvk To
1. The Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2. The District Collector and District Magistrate, Krishnagiri District, Krishnagiri.
3. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
and T.MATHIVANAN, J.
vvk H.C.P.No.1400 of 2016 09.01.2017