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Madras High CourtHCP/916/2023closed

Kamaraj v. The Secretary To Government Of Tamilnadu

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 H.C.P.No.916 of 2023 Kamaraj S/o Swaminathan .. Petitioner Vs.

1.

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

2.

The District Collector and District Magistrate of O/o. District Collector of Vellore, Vellore District 3.

The Superintendent of Prison O/o. Special Prison for Women, Special Prison for Women, Vellore.

4.

The Superintendent of Police Vellore District.

5.

The Inspector of Police O/o.The Inspector of Police, Vellore Prohibition Enforcement Wing, Vellore ,Vellore District.

..Respondents Page Nos.1/4

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 Memo No: C3/D.O.No.35/2023 on the file of the 2nd respondent, quash the detention order dated 30.04.2023 direct the respondents to produce detenue Tmt.Venda Wife of Kamaraj detained at the Special Prison for Women, Vellore under the Tamil Nadu Act 14 of 1982 before the Hon'ble Court and set her at liberty. For Petitioner :

Mr.P.K.Ganesh 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.P.K.Ganesh, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 05.06.2023 bearing reference G.O.Rt.No.3031, Home, prohibition and Excise (IX) Department.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.) 11.09.2023 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 Government of Tamil Nadu Home,Prohibition and Excise Department Secretariat, Chennai- 600 009.

2.

The District Collector and District Magistrate of O/o. District Collector of Vellore, Vellore District 3.

The Superintendent of Prison O/o. Special Prison for Women, Special Prison for Women, Vellore.

4.

The Superintendent of Police Vellore District.

5.

The Inspector of Police O/o.The Inspector of Police, Vellore Prohibition Enforcement Wing, Vellore ,Vellore District.

6.

The Public Prosecutor, High Court, Madras.

H.C.P.No.916 of 2023 11.09.2023 Page Nos.4/4