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Madras High CourtHCP/766/2023closed

Sembaruthi v. The Secretary To The Government,

2023-09-08Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Sembaruthi, W/o.Tamilselvan @ Tamizh .. Petitioner Vs.

1. The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai -9.

2. District Collector and District Magistrate, Vellore District, Vellore - 9.

3. The Superintendent of Police, Vellore District, Vellore - 9.

4. The Superintendent of Prison, Central Prison, Vellore -2.

5. The Inspector of Police, Vellore North Crime Police Station, Vellore District.

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

for issuance of a writ of habeas corpus, call for the records in connection with the order of detention passed by the second respondent dated 26.04.2023 in C3/D.O.No.34/2023 against the petitioner husband Tamilselvan @ Tamizh, male aged 31 years S/o.Thamaraikannan, who is confined at Central Prison Vellore and set aside the same and direct the respondents to produce the detenue before this 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.,] Mr.D.Balaji, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 01.06.2023 bearing reference G.O.Rt.No.2976, Home, Prohibition and Excise (IX) Department.

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

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.) 08.09.2023 Index : Yes / No Speaking / Non-speaking gpa To

1. The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai -9.

2. District Collector and District Magistrate, Vellore District, Vellore - 9.

3. The Superintendent of Police, Vellore District, Vellore - 9.

4. The Superintendent of Prison, Central Prison, Vellore -2.

5. The Inspector of Police, Vellore North Crime Police Station, Vellore District.

6. The Public Prosecutor Madras High Court.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., gpa 08.09.2023 Page Nos.4/4