Lurthu Mary v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.71 of 2023 Lurthu Mary W/o.Palani .. Petitioner Vs.

1.

The Secretary to the Government Home Prohibition and Excise Dept., Secretariat, Chennai-600 009.

2.

District Collector and District Magistrate Vellore District, Vellore-9.

3.

The Superintendent of Police Vellore District, Vellore-9.

4.

The Superintendent of Prison Central Prison, Vellore-2.

5.

The Inspector of Police Vellore South (Law & Order) Police Station Vellore District.

..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records in connection with Page Nos.1/4

the order of detention passed by the second respondent dated 05.01.2023 in C3/D.O.No.02/2023 against the petitioner's son Nirmal, male, aged 25 years, son of Palani, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty.

For Petitioner :

Mr.D.Balaji For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity].

2. Mr.D.Balaji, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor are before us.

3. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 20.02.2023 bearing reference G.O.Rt.No.979 Home, Prohibition and Excise (IX) Department.

4. In the light of the aforementioned undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition.

Page Nos.2/4

5. Recording the aforementioned common submission, captioned HCP is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 10.07.2023 Index : Yes / No Speaking / Non-speaking order mk To 1.

The Secretary to the Government Home Prohibition and Excise Dept., Secretariat, Chennai-600 009.

2.

District Collector and District Magistrate Vellore District, Vellore-9.

3.

The Superintendent of Police Vellore District, Vellore-9.

4.

The Superintendent of Prison Central Prison, Vellore-2.

5.

The Inspector of Police Vellore South (Law & Order) Police Station Vellore District.

6.

The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.71 of 2023 10.07.2023 Page Nos.4/4