Chinnathambi v. State Rep By

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Chinnathambi S/o.Naduthambi ..

Petitioner Vs.

1.

The State of Tamil Nadu Represented by Secretary to Government Home, Prohibition & Excise Department Fort St.George, Chennai-600 009.

2.

The District Magistrate and District Collector, Office of the District Magistrate and District Collector, Tiruppur District.

3.

The Superintendent of Police Tiruppur District.

4.

The Superintendent of Prison Central Prison, Coimbatore.

5. The Inspector of Police, Avinasipalayam Police Station, Tiruppur 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 relating to the detention order dated 09.07.2022 passed by the second respondent in his proceedings Crl.M.P.No.36/Bootlegger/2022, and quash the same and direct the respondents herein to produce the petitioner's son namely, Kaliyamoorthi, son of Chinnathambi aged about 26 years, who is presently undergoing detention in the Central Prison, Coimbatore as 'Bootlegger' before this Hon'ble Court and set her at liberty forthwith. For Petitioner :

Mr.G.Sampath For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.G.Sampath, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings Page Nos.2/4

dated 22.08.2022 bearing reference G.O.Rt.No.5361 Home, Prohibition and Excise (XII) 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 Petition is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 27.02.2023 Index : Yes / No Speaking / Non-speaking cse Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., cse To 1.

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

2.

The District Magistrate and District Collector, Office of the District Magistrate and District Collector, Tiruppur District.

3.

The Superintendent of Police Tiruppur District.

4.

The Superintendent of Prison Central Prison, Coimbatore.

5. The Inspector of Police, Avinasipalayam Police Station, Tiruppur District.

6.

The Public Prosecutor High Court, Madras.

27.02.2023 Page Nos.4/4