Sivagami @ Siyol v. The 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.151 of 2023 Sivagami @ Siyol W/o.Gopinathan .. Petitioner Vs.
1.
The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai-600 009.
2.
The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section) Vepery, Chennai-600 007.
3.
The Superintendent of Prison Central Prison, Puzhal Chennai.
4.
State rep. by its The Inspector of Police Tam-15, Anti Land Grabbing Special Cell-I, Central Crime Branch Chennai 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 12.01.2023 on the file of the second respondent herein made in proceedings Memo No.23/BCDFGISSSV/2023, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's husband namely, Gopinathan, son of Narayanan, aged 49 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, Puzhal, Chennai.
For Petitioner :
Mr.R.Sasikumar 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.R.Sasikumar, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 27.02.2023 bearing reference G.O.Rt.No.1118 Home, Prohibition and Excise (XIII) Department.
Page Nos.2/4
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.) 10.07.2023 Index : Yes / No Speaking / Non-speaking order mk To 1.
The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai-600 009.
2.
The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section) Vepery, Chennai-600 007.
3.
The Superintendent of Prison Central Prison, Puzhal, Chennai.
4.
State rep. by its The Inspector of Police Tam-15, Anti Land Grabbing Special Cell-I, Central Crime Branch, Chennai District.
5.
The Public Prosecutor, High Court, Madras.
Page Nos.3/4
M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.151 of 2023 10.07.2023 Page Nos.4/4