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Madras High CourtHCP/643/2023allowed

Deepika v. State Of Tamilnadu

2023-08-16Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.643 of 2023 Deepika W/o.Mathesh .. Petitioner Vs.

1.

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

2.

The Commissioner of Police Tambaram City No.42/2, Medavakkam Main Road Sholinganallur, Chennai-600 119.

3.

The Inspector of Police T-1, Tambaram Prohibition Enforcement Wing.

4.

The Superintendent of Prison Central Prison-II Puzhal, Chennai-600 066.

..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 Page Nos.1/4

detention order in Memo.No.14/BCDFGISSSV/2023 dated 31.03.2023 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 Thiru.J.Mathesh @ Kozhi Vijay, S/o. Jaganathan, aged about 23 years the detenu, now confined in Central prison, Puzhal, Chennai before this Honble Court and set the petitioner's husband Thiru.J.Mathesh @ Kozhi Vijay, S/o. Jaganathan, aged about 23 years the detenu herein at liberty. For Petitioner :

Mr.R.Muthukumar 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.R.Muthukumar, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 02.05.2023 bearing reference G.O.Rt.No.2318, Home, Prohibition and Excise (X) Department.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.) 16.08.2023 Index : Yes / No Speaking / Non-speaking order mk Page Nos.3/4

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

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

2.

The Commissioner of Police Tambaram City No.42/2, Medavakkam Main Road Sholinganallur, Chennai-600 119.

3.

The Inspector of Police T-1, Tambaram Prohibition Enforcement Wing.

4.

The Superintendent of Prison Central Prison-II Puzhal, Chennai-600 066.

5.

The Public Prosecutor, High Court, Madras.

H.C.P.No.643 of 2023 16.08.2023 Page Nos.4/4