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Madras High CourtHCP/1429/2022closed

Manikandan @ Karuvamani v. Secretary To Government

2023-03-15Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Manikandan @ Karuvamani .. Petitioner Vs 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 9.

2.The District Magistrate and District Collector, Erode District, Erode.

3.The Superintendent of Police, Erode District, Erode.

4.The Superintendent of Prison, Central Prison, Coimbatore, Coimbatore District.

5.State rep. By its The Inspector of Police, Erode North Police Station, Erode District.

.. Respondents Petition filed under Article 226 of the Constitution of India Page Nos.1/5

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 30.06.2022 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.19/Goonda/2022/C1 quash the same as illegal and consequently direct the respondents herein to produce the petitioner namely Manikandan @ Karuvamani, S/o.(Late) Muniappan, aged 27 years before this Court and set the petitioner at liberty from detention, now the petitioner detained at Central Prison, Coimbatore. For Petitioner :

Mr.S.Selvakumar for Mr.W.Camyles Gandhi For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Mr.S.Selvakumar, learned counsel representing counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for respondents are before us.

2. Learned counsel on both sides submit that the impugned Page Nos.2/5

preventive detention order has since been revoked (Advisory Board) vide proceedings dated 18.08.2022 bearing reference G.O.Rt.No.5300 Home, Prohibition and Excise (IX) Department.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.) 15.03.2023 Index : Yes / No mmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 9.

2.The District Magistrate and District Collector, Erode District, Erode.

3.The Superintendent of Police, Erode District, Erode.

Page Nos.3/5

4.The Superintendent of Prison, Central Prison, Coimbatore, Coimbatore District.

5.The Inspector of Police, Erode North Police Station, Erode District.

6.The Public Prosecutor High Court, Madras.

Page Nos.4/5

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 15.03.2023 Page Nos.5/5