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Madras High CourtHCP/100/2023closed

Sneka v. The Secretary To Government

2023-07-11Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.100 of 2023 Sneka W/o.M.Manikandan @Kishore .. Petitioner Vs.

1.

The Secretary to Government Home, Prohibition and Excise Department Secretariat Fort St.George Chennai-600 009 2.

The Commissioner of Police / Detaining Authority City Police Officer Huzur Road, Coimbatore City Coimbatore-18.

3.

The Superintendent of Police Central Prison-Coimbatore Coimbatore District.

4.

State rep. by its The Inspector of Police D-3 Pothanur Police Station Coimbatore District.

..Respondents Page Nos.1/4

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 04.01.2023 on the file of the second respondent herein made in proceedings Memo C.No.01/G/IS/2023, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's husband namely, M.Manikandan @ Kishore, son of Marimuthu, aged 25 years before this Hon'ble High Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained at Central Prison, Coimbatore.

For Petitioner :

Mr.W.Camyles Gandhi 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.W.Camyles Gandhi, learned counsel representing the 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 27.02.2023 bearing reference G.O.Rt.No.1082, Home, Prohibition and Page Nos.2/4

Excise (XII) Department.

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

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.) 11.07.2023 mk To 1.

The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai-600 009.

2.

The Commissioner of Police / Detaining Authority City Police Officer Huzur Road, Coimbatore City Coimbatore-18.

3.

The Superintendent of Police Central Prison-Coimbatore Coimbatore District.

4.

State rep. by its The Inspector of Police D-3 Pothanur Police Station Coimbatore District.

6.

The Public Prosecutor, High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.100 of 2023 11.07.2023 Page Nos.4/4