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Madras High CourtHCP/318/2023closed

S.Marriammal v. The State Of Tamil Nadu

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.318 of 2023 S.Marriammal W/o.Sathyababu .. 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 District Collector and District Magistrate Tiruvarur District.

3.

The Superintendent Central Prison, Tiruchirapalli District Trichy.

4.

The Superintendent of Police Tiruvarur District, Tiruvarur.

5.

The Inspector of Police Needamangalam Police Station Tiruvarur 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 produce the body of the detenu namely, Babu @ Sathyababu, son of Selladurai, aged about 32 years before this Hon'ble Court and set her at liberty forthwith by calling for the records pertaining to the detention order in C.O.C.No.02/2023 dated 21.01.2023 passed by the 2nd respondent, quash the same as illegal, incompetent and ultravires.

For Petitioner :

Ms.T.Dharani 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.Ms.T.Dharani, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 27.02.2023 bearing reference G.O.Rt.No.1113, Home, Prohibition and Excise (XV) Department.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.) 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 District Collector and District Magistrate Tiruvarur District.

3.

The Superintendent Central Prison, Tiruchirapalli District Trichy.

4.

The Superintendent of Police Tiruvarur District, Tiruvarur.

5.

The Inspector of Police Needamangalam Police Station Tiruvarur District.

6.

The Public Prosecutor, High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.318 of 2023 11.07.2023 Page Nos.4/4