Sandhiya v. Government Of Tamil Nadu

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.157 of 2023 Sandhiya W/o.Sarath Kumar ..

Petitioner Vs.

1.

Government of Tamil Nadu Rep. by its Addl. Chief Secretary Home, Prohibition and Excise Department Secretariat, Chennai-600 009.

2.

The District Collector and District Magistrate Vellore District Vellore.

3.

The Superintendent Central Prison Vellore.

4.

The Superintendent of Police Vellore District Vellore.

5.

Inspector of Police Pernambut Police Station Page Nos.1/4

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 C3/D.O.No.120/2022 dated 29.12.2022 on the file of the 2nd respondent and quash the same and direct the respondents herein to produce the body of the detenu Sarath Kumar, male, aged 29 years, son of Anbu, now confined in Central Prison, Vellore before this Hon'ble Court and set him at liberty. For Petitioner :

Mr.D.Thirumoorthy 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.Thirumoorthy, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 01.03.2023 bearing reference G.O.Rt.No.1245 Home, Prohibition and Excise (IX) Department.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 Page Nos.2/4

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.

Government of Tamil Nadu Rep. by its Addl. Chief Secretary Home, Prohibition and Excise Department Secretariat, Chennai-600 009.

2.

The District Collector and District Magistrate Vellore District Vellore.

3.

The Superintendent Central Prison Vellore.

4.

The Superintendent of Police Vellore District Vellore.

5.

Inspector of Police Pernambut 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.157 of 2023 28.06.2023 Page Nos.4/4