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Madras High CourtHCP/592/2023closed

Manjula v. The Secretary To Government

2023-08-07Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Manjula .. Petitioner Vs.

1.

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

2.

The Commissioner of Police/Detaining Authority, City Police Officer, Huzur Road, Coimbatore City, Coimbatore - 18.

3.

The Superintendent of Police, Central Prison - Coimbatore, Coimbaotre District.

4.

State rep. by its The Inspector of Police, C-2 RACE COURSE Police Station, Coimbatore District.

.. 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 direction, in the nature of a Writ of Habeas Corpus to call for the entire records, relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 13.03.2023 on the file of the second respondent herein made in proceedings Memo C.No.24/G/IS/2023, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely S.Vishnu Prkash @ Vicky, son of Sivakumar, aged 24 years before this Court and set him at liberty from detention, now the petitioner's son detained at Central Prison, Coimbatore.

For Petitioner :

Mr.S.Selvakumar For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.S.Selvakumar, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor are before us.

2. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 21.04.2023 bearing reference G.O.Rt.No.2115, Home, Prohibition and Excise (XII) Department.

Page Nos.2/5

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

4. Recording the above said submission, captioned Habeas Corpus Petition is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 07.08.2023 Index : Yes / No Speaking / Non-speaking gpa Page Nos.3/5

To 1.

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

2.

The Commissioner of Police/Detaining Authority, City Police Officer, Huzur Road, Coimbatore City, Coimbatore - 18.

3.

The Superintendent of Police, Central Prison - Coimbatore, Coimbaotre District.

4.

The Inspector of Police, C-2 RACE COURSE Police Station, Coimbatore District.

5.

The Public Prosecutor Madras High Court Page Nos.4/5

M.SUNDAR, J., and R.SAKTHIVEL, J., gpa 07.08.2023 Page Nos.5/5