Manimegalai v. The Additional Chief 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 Manimegalai ..

Petitioner Aunty of the detenu Vs.

1.

The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009.

2.

The Commissioner of Police Avadi City 3.

The Superintendent of Prison Central Prison, Puzhal Chennai-600 066.

5.

The Inspector of Police, Law and Order M-6, Manali Nagar 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 records in connection Page Nos.1/4

with the order of detention passed by the second respondent dated 31.12.2022 in Memo No.210/BCDFGISSSV/2022 against the petitioner's nephew Kabir, male, aged 26 years, son of Samsudeen, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner :

Mr.S.Senthilvel 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.S.Senthilvel, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 20.02.2023 bearing reference G.O.Rt.No.942, Home, Prohibition and Excise (XIII) Department.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 Index : Yes / No Speaking / Non-speaking gpa To 1.

The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009.

2.

The Commissioner of Police Avadi City 3.

The Superintendent of Prison Central Prison, Puzhal Chennai-600 066.

4.

The Inspector of Police, Law and Order M-6, Manali Nagar Police Station Chennai 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