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Madras High CourtHCP/230/2023allowed

Sumathi v. The State Of Tamilnadu

2023-07-10Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

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.230 of 2023 Sumathi W/o.Nagaraj .. Petitioner Vs.

1.

The State of Tamil Nadu Represented by Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-600 009.

2.

The District Collector and District Magistrate Mayiladuthurai District Mayiladuthurai.

3.

The Superintendent of Prison Central Prison, Trichy Trichy.

4.

The Superintendent of Police Mayiladuthurai District Mayiladuthurai.

5.

The Inspector of Police Anaikaranchathiram Police Station Mayiladuthurai 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 records relating to the detention order dated 25.01.2023 passed by the second respondent in his proceedings No.C.O.C.No.1/2023 and quash the same and direct the respondents herein to produce the petitioner's husband namely, Nagarajan @ Chinnappa, son of Narayanasamy, aged about 46 years, who is presently under going detention in the Central Prison, Trichy, as Bootlegger before this Hon'ble Court and set her at liberty forthwith. For Petitioner :

Mr.M.Vinoth 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.M.Vinoth, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 01.03.2023 bearing reference G.O.Rt.No.1242 Home, Prohibition and Excise (XV) Department.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 State of Tamil Nadu Represented by Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-600 009.

2.

The District Collector and District Magistrate Mayiladuthurai District Mayiladuthurai.

3.

The Superintendent of Prison Central Prison, Trichy, Trichy.

4.

The Superintendent of Police Mayiladuthurai District Mayiladuthurai.

5.

The Inspector of Police Anaikaranchathiram Police Station Mayiladuthurai District.

6.

The Public Prosecutor, High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.230 of 2023 10.07.2023 Page Nos.4/4