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Madras High CourtHCP/1467/2022closed

Ponnammal v. The Secretary To Government Home,

2023-02-27Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar4 pages

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 Ponnammal W/o.Arumugam .. Petitioner/ sister of the Detenu Vs.

1.

The Secretary to Government (Home), Prohibition and Exercise Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.

The Commissioner of Police, Office of the Commissioner of Police, Salem District.

3.

The Inspector of Police, Prohibition Enforcement Wing, Shevapet Police Station, Salem District.

4.

The Superintendent, Central Prison, Salem, Salem 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 30.06.2022 passed by the second respondent in his proceedings C.M.P.No.67/Goonda/SALEM CITY/2022, and quash the same and direct the respondents herein to produce the detenu Elamaran @ Venkatachalam, son of Ganesan aged about 42 years, who is presently undergoing detention in the Central Prison, Salem, Salem District, as 'Bootlegger' before this Hon'ble Court and set him at liberty forthwith. For Petitioner :

Mr.D.Arun For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.D.Arun, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings Page Nos.2/4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 18.08.2022 bearing reference G.O.Rt.No.5295, Home, Prohibition and Excise (XIV) 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 rsi Page Nos.3/4

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

The Secretary to Government (Home), Prohibition and Exercise Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.

The Commissioner of Police, Office of the Commissioner of Police, Salem District.

3.

The Inspector of Police, Prohibition Enforcement Wing, Shevapet Police Station, Salem District.

4.

The Superintendent, Central Prison, Salem, Salem District.

5.

The Public Prosecutor, High Court, Madras.

27.02.2023 Page Nos.4/4