Banumathi v. The Principal Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE Mr.JUSTICE R.SAKTHIVEL Mrs.Banumathi, W/o.Raja .. Petitioner Mother of the detenu Vs.

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

2.The Commissioner of Police, Salem District, Salem.

3. The Superintendent, Central Prison, Salem, Salem District.

4. The Inspector of Police, Sooramangalam Police Station, Salem District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records of the 2nd respondent herein concerned in C.M.P.No.162/Goondas/SALEM Page Nos.1/4

CITY/2022, dated 22.12.2022, quashing the same and directing the respondents herein to produce the body and person of the Detenu by name Prakash @ Sivaprkash, son of Raja, aged about 33 years, before this Court and setting him at liberty now detained in Central Prison, Salem, Salem District.

For Petitioner :

Mr.R.Rajan For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.R.Rajan, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor are before us.

2. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 06.02.2023 bearing reference G.O.Rt.No.629, Home, Prohibition and Excise (XIV) Department.

3. In the light of the undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition. Page Nos.2/4

4. Recording the above said submission, captioned Habeas Corpus Petition is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 30.06.2023 gpa To

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

2.The Commissioner of Police, Salem District, Salem.

3. The Superintendent, Central Prison, Salem, Salem District.

4. The Inspector of Police, Sooramangalam Police Station, Salem District.

5. The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., gpa 30.06.2023 Page Nos.4/4