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Madras High CourtHCP/108/2023closed

Kamala v. State Of Tamilnadu

2023-06-28Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.108 of 2023 Kamala W/o.Vijayan .. Petitioner Vs.

1.

State of Tamil Nadu Represented by Secretary to Government Home, Prohibition and Excise Department Fort St.George Chennai-600 009.

2.

The District Collector and District Magistrate of Tirupathur District Tirupathur.

3.

The Superintendent of Police Tiruparthur District Tirupathur.

4.

The Inspector of Police Taluk Police Station Vaniyambadi, Tirupathur District.

5.

The Superintendent Centrl Prison, Vellore.

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..Respondents 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 petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 30.12.2022 on the file of the second respondent herein made in proceedings C3/D.O.No.63/2022 and quash the same as illegal and consequently, direct the respondents herein to produce the said petitioner's husband namely, Vijayan, aged 40 years, son of Kannappan before this Hon'ble High Court and set him at liberty, now petitioner's husband detained at Central Prison, Vellore.

For Petitioner :

Mr.C.C.Chellappan 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.C.C.Chellappan, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 01.03.2023 bearing reference G.O.Rt.No.1247 Home, Prohibition and Page Nos.2/5

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.

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.) 28.06.2023 Index : Yes / No Speaking / Non-speaking order mk To 1.

State of Tamil Nadu Represented by Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-600 009.

2.

The District Collector and District Magistrate of Tirupathur District Tirupathur.

3.

The Superintendent of Police Tiruparthur District, Tirupathur.

4.

The Inspector of Police Taluk Police Station Vaniyambadi, Tirupathur District.

5.

The Superintendent Centrl Prison, Vellore.

Page Nos.3/5

6.

The Public Prosecutor High Court, Madras.

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.108 of 2023 28.06.2023 Page Nos.4/5

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