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Madras High CourtHCP/535/2023closed

S. Premnath v. The 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.535 of 2023 S.Premnath S/o.Sridhar .. Petitioner Vs.

1.

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

2.

The Commissioner of Police Avadi City.

3.

The Superintendent Special Prison for Women, Puzhal, Chennai.

4.

The Inspector of Police M-5, Ennore Police Station Chennai.

..Respondents Petition filed under Article 226 of the Constitution of India praying for Page Nos.1/4

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 16.03.2023 in No.66/BCDFGISSSV/2023 against the petitioner's mother Tmt.Suji alias Sujatha, Female aged about 47 years Wife of Sridhar, who is confined at Special Prison for Women, Puzhal, Chennai 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.M.Illiyas 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.Illiyas, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 02.05.2023 bearing reference G.O.Rt.No.2303, Home, Prohibition and Excise (XIII) Department.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 Government Home, Prohibition Excise Department Fort St.George Chennai-600 009.

2.

The Commissioner of Police Avadi City.

3.

The Superintendent Special Prison for Women, Puzhal, Chennai.

4.

The Inspector of Police M-5, Ennore Police Station Chennai.

5.

The Public Prosecutor, High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.535 of 2023 31.07.2023 Page Nos.4/4