Radha v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.453 of 2023 Radha W/o.Pandiyan .. Petitioner Vs.

1.

The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009.

2.

The Commissioner of Police Salem City.

3.

The Superintendent of Prison Central Prison, Salem - 7.

4.

The Inspector of Police Fairlands Police Station Salem City.

..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 13.03.2023 in Page Nos.1/4

CMP.No.11/Drug Offender/Salem City/2023 against the petitioner's son Dinesh Kumar, M/26 years, S/o.Pandiyan, who is confined at central Prison, Salem and set aside the same and direct the respondents to produce the detenue before the Honble 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 20.04.2023 bearing reference G.O.Rt.No.2090, Home, Prohibition and Excise (XIV) Department.

4. In the light of the aforementioned undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition.

Page Nos.2/4

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.) 31.07.2023 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.

The Commissioner of Police Salem City.

3.

The Superintendent of Prison Central Prison, Salem - 7.

4.

The Inspector of Police Fairlands Police Station Salem City.

5.

The Public Prosecutor, High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.453 of 2023 31.07.2023 Page Nos.4/4