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Madras High CourtHCP/840/2023closed

S.Jayapriya v. The Secretary To The Government,

2023-09-11Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL S.Jayapriya, W/o.Sakthivel .. Petitioner Vs.

1. The Secretary to the Government, Government of Tamil Nadu, (Home), Prohibition and Excise Department, Secretariat, Fort St. George, Chennai -600 009.

2. The District Collector & District Magistrate, Tiruvannamalai District, Tiruvannamalai.

3. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

4. The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannmalai District.

5. The Superintendent, Central Prison, Vellore.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, calling for the entire records Page Nos.1/4

connected with the order of the 2nd respondent herein in D.O.No.45/2023C2 dated 08.05.2023 passed against the petitioner's husband the detenue namely Sakthivel, son of Sundaramoorthy, aged about 34 years as a "BOOTLEGGER" who is confined at Central Prison, Vellore and set aside the same, consequently, directing the respondents herein to produce the body and person of the detenu before this Court and set him at liberty forthwtih.

For Petitioner :

Mr.A.Murugavel 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.A.Murugavel, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 22.06.2023 bearing reference G.O.Rt.No.3375 Home, Prohibition and Excise (XI) Department.

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 Page Nos.2/4

Petition is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 11.09.2023 Index : Yes / No Speaking / Non-speaking gpa To

1. The Secretary to the Government, Government of Tamil Nadu, (Home), Prohibition and Excise Department, Secretariat, Fort St. George, Chennai -600 009.

2. The District Collector & District Magistrate, Tiruvannamalai District, Tiruvannamalai.

3. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

4. The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannmalai District.

5. The Superintendent, Central Prison, Vellore.

6. The Public Prosecutor Madras High Court.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., gpa 11.09.2023 Page Nos.4/4