Mr.Ganapathy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Ganapathy Son of Muniyandi ..

Petitioner Vs.

1.

The Secretary to Government Home, Prohibition Excise Department Fort St.George, Chennai-600 009.

2.

The Commissioner of Police Greater Chennai Veppery, Chennai.

3.

The Superintendent of Police Central Prison, Puzhal, Chennai.

4.

The Inspector of Police P-5, M.K.B.Nagar Police Station Chennai.

.. 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 connection with the order of detention passed by the second respondent dated 24.06.2022 in No.170/BCDFGISSSV/2022 against the petitioner's brother Thiru.Jotheeswaran, male aged about 30 years, son of Muniyandi, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty.

For Petitioner :

Mr.A.Venkateswara Babu For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.A.Venkateswara Babu, learned counsel on record for petitioner and Mr.R.Muniyapparaj, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 20.07.2022 bearing reference G.O.Rt.No.4555 Home, Prohibition and Excise (XIII) Department.

Page Nos.2/4

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 Petition is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 20.02.2023 Index : Yes / No Speaking / Non-speaking mk To 1.

The Secretary to Government Home, Prohibition Excise Department Fort St.George, Chennai-600 009.

2.

The Commissioner of Police Greater Chennai Veppery, Chennai.

3.

The Superintendent of Police Central Prison, Puzhal, Chennai.

4.

The Inspector of Police P-5, M.K.B.Nagar Police Station Chennai.

5.

The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 20.02.2023 Page Nos.4/4