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Madras High CourtHCP/465/2023closed

Vijayamani v. State Of Tamil Nadu

2023-03-28Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Vijayamani W/o.Selvakumar ..

Petitioner Vs.

1.

State of Tamil Nadu Rep. by the Secretary Home, Prohibition and Excise Department Fort St.George Chennai-600 009.

2.

The Commissioner of Police / Detaining Authority Coimbatore City Coimbatore.

3.

The Superintendent of Prison Central Prison, Coimbatore Coimbatore District.

4.

The Inspector of Police B-2, R.S.Puram Police Station Coimbatore.

..

Respondents Page Nos.1/5

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 vide Memo C.No.11/G/IS/2023 dated 17.02.2023, passed by the second respondent and quash the same and direct the respondents herein to produce the petitioner's husband namely, S.Selvakumar @ Kumar, son of Sadaiyan, aged 39 years, (who is presently under going detention in the Central Prison, Coimbatore, before this Hon'ble Court and set him at liberty. For Petitioner :

Mr.P.Narayana Prasadh For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] When the matter was taken up for hearing, Mr.P.Narayana Prasadh, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr. Mr.M.Sylvester John, learned counsel who accepted notice for the respondents are before us.

2. Learned Prosecutor submitted that the impugned preventive detention order has since been revoked by the first respondent. Learned Prosecutor has placed before us an order dated 20.03.2023 bearing Page Nos.2/5

reference G.O.Rt.No.1571 Home, Prohibition and Excise (XII) Department and a scanned reproduction of the same is as follows: Page Nos.3/5

3. In view of the narrative thus far, captioned Habeas Corpus Petition is disposed of as closed having become infructuous. There shall be no order as to costs.

(M.S.,J.) (M.N.K.,J.) 28.03.2023 Index : Yes / No Speaking / Non-speaking mk To 1.

State of Tamil Nadu Rep. by the Secretary Home, Prohibition and Excise Department Fort St.George, Chennai-600 009.

2.

The Commissioner of Police / Detaining Authority Coimbatore City Coimbatore.

3.

The Superintendent of Prison Central Prison, Coimbatore Coimbatore District.

4.

The Inspector of Police B-2, R.S.Puram Police Station Coimbatore.

5.

The Public Prosecutor High Court, Madras.

Page Nos.4/5

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 28.03.2023 Page Nos.5/5