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Madras High CourtHCP/466/2023closed

Jayapriya v. Secretary To Government

2023-07-31Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

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.466 of 2023 Jayapriya W/o.Babu .. Petitioner Vs.

1.

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

2.

The District Collector and District Magistrate Villupuram District Villupuram.

3.

The Superintendent of Police Villupuram District Villupuram.

4.

The Superintendent of Police Central Prison Cuddalore.

5.

Inspector of Police Periyathatchur Police Station Page Nos.1/4

Tindivanam Taluk Villupuram District.

..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 petitioner's husband detention under the Tamil Nadu Act 14/1982 vide detention order in Rc.No.C2/16808/2023 dated 04.03.2023 passed by the 2nd respondent, quash the same as illegal and to consequently direct the respondent to produce the petitioner's husband Babu S/o Raji (Detenu) aged 39 years before this Honble court and set him at liberty. For Petitioner :

Mr.V.Surender 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.V.Surender, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 19.04.2023 bearing reference G.O.Rt.No.2059, Home, Prohibition and Excise (XIV) Department.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.) 31.07.2023 Index : Yes / No Speaking / Non-speaking order mk To 1.

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

2.

The District Collector and District Magistrate Villupuram District Villupuram.

3.

The Superintendent of Police Villupuram District Villupuram.

4.

The Superintendent of Police Central Prison, Cuddalore.

5.

Inspector of Police Periyathatchur Police Station Tindivanam Taluk Villupuram District.

6.

The Public Prosecutor, High Court, Madras.

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

and R.SAKTHIVEL, J., mk H.C.P.No.466 of 2023 31.07.2023 Page Nos.4/4