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Madras High CourtHCP/211/2023closed

Sunitha v. The Additional Chief Secretary To Government

2023-06-28Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

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.211 of 2023 Sunitha W/o.Anand .. Petitioner Vs.

1.

State of Tamil Nadu Rep. by the Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-600 009.

2.

The Commissioner of Police Office of the Commissioner of Police Avadi City, Chennai-600 004.

3.

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

4.

The Inspector of Police T-3, Korattur 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 relating to the detention order in Memo No.202/BCDFGISSSV/2022 dated 29.12.2022 Page Nos.1/4

passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Prasanth @ Jollu, son of Anand, aged about 24 years, the detenu, now confined in Central Prison, Puzhal, Chennai before this Hon'ble Court and set the petitioner's son Prasanth @ Jollu, son of Anand, aged about 24 years, the detenu herein at liberty.

For Petitioner :

Mr.A.Vinoth Kumar 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.A.Vinoth Kumar, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 20.02.2023 bearing reference G.O.Rt.No.938 Home, Prohibition and Excise (XIII) Department.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.

State of Tamil Nadu Rep. by the Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-600 009.

2.

The Commissioner of Police Office of the Commissioner of Police Avadi City, Chennai-600 004.

3.

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

4.

The Inspector of Police T-3, Korattur Police Station Chennai.

6.

The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.211 of 2023 28.06.2023 Page Nos.4/4