K.Surya 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.184 of 2023 Surya W/o.Kaviyarasu @ Kavi .. 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 O/o. The Commissioner of Police Vepery, Chennai-600 007.
3.
The Superintendent of Prison Central Prison, Puzhal Chennai.
4.
State rep. by its The Inspector of Police V5, Thirumangalam Police Station Chennai.
..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 Page Nos.1/4
the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 09.01.2023 on the file of the second respondent herein made in proceedings Memo No.15/BCDFGISSSV/2023 dated 09.01.2023, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's husband namely, Kaviyarasu @ Kavi, son of Kannan, 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, Puzhal, Chennai.
For Petitioner :
Mr.B.Manoharan 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.B.Manoharan, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 27.02.2023 bearing reference G.O.Rt.No.1117 Home, Prohibition and Excise (XIII) Department.
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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 O/o. The Commissioner of Police Vepery, Chennai-600 007.
3.
The Superintendent of Prison Central Prison, Puzhal Chennai.
4.
State rep. by its The Inspector of Police V5, Thirumangalam Police Station Chennai.
5.
The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.184 of 2023 10.07.2023 Page Nos.4/4