M.Abi Vishnu @ Kuzhanthai 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 M.Abi Vishnu @ Kuzhanthai S/o.Marimuthu ..
Petitioner Vs.
1.
The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai-600 009.
2.
The Commissioner of Police / Detaining Authority Coimbatore, Coimbatore District.
3.
The Superintendent of Prison Central Prison - Coimbatore Coimbatore District.
4.
State Rep. by its The Inspector of Police E-2, Peelamedu Police Station Coimbatore 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 entire records, relating to the petitioner's detention under Tamil Nadu Act 14 of 1982 vide detention order dated 29.06.2022 on the file of the second respondent herein made in proceedings Memo C.No.39/G/IS/2022, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner namely, M.Abi Vishnu @ Kuzhanthai, son of Marimuthu, aged 23 years before this Hon'ble High Court and set the petitioner at liberty from detention, now the petitioner detained at Central Prison, Coimbatore. For Petitioner :
Mr.S.Selvakumar representing Mr.W.Camyles Gandhi For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Matter mentioned at half past ten.
2. Mr.S.Selvakumar, learned counsel representing Mr.W.Camyles Gandhi, counsel on record for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor are before us.
Page Nos.2/4
3. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 18.08.2022 bearing reference G.O.Rt.No.5320, Home, Prohibition and Excise (XII) Department.
4. In the light of the undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition.
5. 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 Page Nos.3/4
M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk To 1.
The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai-600 009.
2.
The Commissioner of Police / Detaining Authority Coimbatore, Coimbatore District.
3.
The Superintendent of Prison Central Prison - Coimbatore Coimbatore District.
4.
State Rep. by its The Inspector of Police E-2, Peelamedu Police Station Coimbatore District.
5.
The Public Prosecutor High Court, Madras.
20.02.2023 Page Nos.4/4