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Madras High CourtHCP/278/2023closed

Indhira v. The State Of Tamilnadu

2023-07-11Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel5 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.278 of 2023 Indhira W/o. Agoramoorthi .. Petitioner/ Wife of the detenu 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 O/o.The District Collector and District Magistrate Mayiladuthurai District Mayiladuthurai 3.

The Superintendent of Police Mayiladuthurai District Mayiladuthurai 4.

The Inspector of Police Poombuhar Police Station Mayiladuthurai District Page Nos.1/5

5.

The Superintendent of Prison Central Prison Thiruchirappalli ..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 dated 28.01.2023 passed by the second respondent in his proceedings No.C.O.C.No.02/2023 and quash the same and direct the respondents herein to produce the petitioner's husband namely Agoramoorthy, son of Arumugam, aged about 57 years, residing at South Street, Tsunami Nagar, Vanagiri Post, Poombuhar Police Station Limit, Sirkazhi Taluk, Mayiladuthurai District who is presently undergoing detention in the Central Prison, Thiruchirappalli as Bootlegger before this Court and set him 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. Page Nos.2/5

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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 01.03.2023 bearing reference G.O.Rt.No.1244 Home, Prohibition and Excise (XV) Department.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 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 Page Nos.3/5

To 1.

The Secretary to Government Home, Prohibition and Excise Department Fort St.George Chennai-600 009 2.

The District Collector and District Magistrate O/o.The District Collector and District Magistrate Mayiladuthurai District Mayiladuthurai 3.

The Superintendent of Police Mayiladuthurai District Mayiladuthurai 4.

The Inspector of Police Poombuhar Police Station Mayiladuthurai District 5.

The Superintendent of Prison Central Prison Thiruchirappalli 6.

The Public Prosecutor, High Court, Madras.

Page Nos.4/5

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.278 of 2023 11.07.2023 Page Nos.5/5