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Madras High CourtHCP/796/2023closed

Dhanush v. The Secretary To The Government,

2023-08-14Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.796 of 2023 Dhanush S/o.Kannan .. Petitioner Vs.

1.

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

2.

District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai.

3.

The Superintendent of Police Tiruvannamalai District Tiruvannamalai.

4.

The Inspector of Police Chengam PEW Police Station Tiruvannamalai 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 in connection with Page Nos.1/4

the order of detention passed by the second respondent dated 30.03.2023 in D.O.No.38/2023-C2 against the petitioner's wife Punniyavathi, Female aged 38 years W/o. Dhanush, who is confined at Special Prison for women, vellore, and set aside the same and direct the respondents to produce the detenue before the Hon'ble Court and set him at liberty. For Petitioner :

Mr.D.Balaji 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.D.Balaji, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 28.04.2023 bearing reference G.O.Rt.No.2252, Home, Prohibition and Excise (XI) Department.

4. In the light of the aforementioned undisputed position, common submission is made that nothing survives in the captioned habeas corpus Page Nos.2/4

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.) 14.08.2023 Index : Yes / No Speaking / Non-speaking order mk Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk To 1.

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

2.

District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai.

3.

The Superintendent of Police Tiruvannamalai District Tiruvannamalai.

4.

The Inspector of Police Chengam PEW Police Station Tiruvannamalai District.

6.

The Public Prosecutor, High Court, Madras.

H.C.P.No.796 of 2023 14.08.2023 Page Nos.4/4