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Madras High CourtHCP/1069/2023closed

Y.Papitha v. Secretary To Government

2023-09-21Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2023 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Y.Papitha .. Petitioner vs 1.The State of Tamil Nadu Rep. By The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.

2.The Commissioner of Police, Greater Avadi City, Chennai - 54.

3.The Inspector of Police, T-1 Ambattur Police Station, Chennai - 52.

4.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

.. 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 pertaining to Memo No.122/BCDFGISSSV/2023 dated 05.05.2023 on the file of the second respondent herein and set aside the same and direct the respondents herein to produce the petitioner husband Yuvaraj, son of Nagaraj, aged 27 years, now confined in the Central Prison, Puzhal, Chennai before this Court and set him at liberty.

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For Petitioner :

Mr.Charles Kamalesh M.Appaji For Respondents :

Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

[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.Charles Kamalesh M.Appaji, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 22.06.2023 bearing reference G.O.Rt.No.3363, Home, Prohibition and Excise (XIII) Department.

4. In the light of the aforementioned undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition.

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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.) 21.09.2023 Index : Yes/No mmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.

2.The Commissioner of Police, Greater Avadi City, Chennai - 54.

3.The Inspector of Police, T-1 Ambattur Police Station, Chennai - 52.

4.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

5.The Public Prosecutor, High Court, Madras.

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M.SUNDAR, J., and R.SAKTHIVEL , J., mmi 21.09.2023 4/4