Nathiya v. The Secretary To The 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.244 of 2023 Nathiya W/o.Janarthanan .. Petitioner Vs.
1.
The Secretary to the Government Home Prohibition and Excise Department Secretariat, Chennai-600 009.
2.
District Collector and District Magistrate of Tirupathur District, Tirupathur.
3.
The Superintendent of Police Tirupathur District, Tirupathur.
4.
The Superintendent of Prison Central Prison, Vellore.
5.
The Inspector of Police Thimmampettai Police Station Tirupathur 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 connection with the order of detention passed by the second respondent dated 07.01.2023 in Page Nos.1/4
C3/D.O.No.03/2023 against the petitioner's husband Janarathanan, male, aged 34 years, son of Periyasamy, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty. For Petitioner :
Mr.D.Balaji 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.Balaji, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 01.03.2023 bearing reference G.O.Rt.No.1248 Home, Prohibition and Excise (IX) Department.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 petition.
5. Recording the aforementioned common submission, captioned HCP Page Nos.2/4
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 the Government Home Prohibition and Excise Department Secretariat, Chennai-600 009.
2.
District Collector and District Magistrate of Tirupathur District, Tirupathur.
3.
The Superintendent of Police Tirupathur District, Tirupathur.
4.
The Superintendent of Prison Central Prison, Vellore.
5.
The Inspector of Police Thimmampettai Police Station Tirupathur District.
6.
The Public Prosecutor, High Court, Madras.
M.SUNDAR, J., and Page Nos.3/4
R.SAKTHIVEL, J., mk H.C.P.No.244 of 2023 10.07.2023 Page Nos.4/4