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Madras High CourtHCP/526/2023closed

Dhanalakshmi v. State Rep.By

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.526 of 2023 Dhanalakshmi W/o.Karthick .. Petitioner Vs.

1.

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

2.

The Commissioner of Police Salem City Office of the Commissioner of Police Linemedu, Salem District - 636 006.

3.

The Superintendent of Prison Central Prison, Salem, Salem District.

4.

The Inspector of Police Kannankurichi Police Station Salem 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 call for the records relating to the detention order in CMP.No.9/GOONDA/SALEM CITY/2023 dated 08.3.2023 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's husband Karthick @ Elumban, Karthick S/o. Balakrishnan aged about 40 years the detenue, now confined in Central Prison, Salem before this Honble Court and set the petitioner's husband Karthick @ Elumban Karthick, S/o. Balakrishnan aged about 40 years the detenue herein at liberty. For Petitioner :

Mr.P.M.Jayachandran 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.P.M.Jayachandran, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 20.04.2023 bearing reference G.O.Rt.No.2089, Home, Prohibition and Page Nos.2/4

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.

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.

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

2.

The Commissioner of Police Salem City Office of the Commissioner of Police Linemedu, Salem District - 636 006.

3.

The Superintendent of Prison Central Prison, Salem, Salem District.

4.

The Inspector of Police Kannankurichi Police Station Salem District.

5.

The Public Prosecutor, Page Nos.3/4

High Court, Madras.

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.526 of 2023 31.07.2023 Page Nos.4/4