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Madras High CourtHCP/291/2023closed

D.Geetha v. State Of Tamilnadu Rep.By Its

2023-07-11Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.291 of 2023 D.Geetha W/o.Desingh @ Ori .. Petitioner Vs.

1.

The State of Tamil Nadu Rep. by its Secretary to Government Prohibition and Excise Department Fort St.George, Chennai-9.

2.

The Commissioner of Police Greater Chennai, Chennai.

3.

The Inspector of Police N-1, Royapuram Police Station, Chennai.

4.

The Superintendent Central Prison, Puzhal, 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 record relating to petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention Page Nos.1/4

order dated 06.01.2023 on the file of the second respondent herein made in proceedings No.04/BCDFGISSSV/2023 and quash the same as illegal and consequently, direct the respondents herein to produce the said petitioner's son namely, Lokesh @ Desappan, aged 24 years, son of Desingh @ Ori before this Hon'ble High Court and set him at liberty, now petitioner's son detained at Central Prison, Puzhal, Chennai-600 066. For Petitioner :

Mr.C.C.Chellappan 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.C.C.Chellappan, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 20.02.2023 bearing reference G.O.Rt.No.928, Home, Prohibition and Excise (X) Department.

4. In the light of the aforementioned undisputed position, common Page Nos.2/4

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.) 11.07.2023 Index : Yes / No Speaking / Non-speaking order mk To 1.

The State of Tamil Nadu Rep. by its Secretary to Government Prohibition and Excise Department Fort St.George, Chennai-9.

2.

The Commissioner of Police Greater Chennai, Chennai.

3.

The Inspector of Police N-1, Royapuram Police Station, Chennai.

4.

The Superintendent Central Prison, Puzhal, Chennai.

5.

The Public Prosecutor, High Court, Madras.

M.SUNDAR, J., Page Nos.3/4

and R.SAKTHIVEL, J., mk H.C.P.No.291 of 2023 11.07.2023 Page Nos.4/4