Kumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.1149 of 2023 Kumar S/o.Arumugam .. Petitioner Vs.
1.
The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Fort St.George, Chennai-600 009.
2.
The District Collector & District Magistrate Cuddalore District Cuddalore.
3.
The Superintendent of Police Cuddalore District Cuddalore.
4.
The Superintendent of Police Special Prison for Women, Vellore, Vellore District.
5.
State rep. by its The Inspector of Police Page Nos.1/5
Thirupapuliyur Police Station Cuddalore District.
..Respondents 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 wife detention under Tamil Nadu Act 14 of 1982 vide detention order dated 07.06.2023 on the file of the second respondent herein made in proceedings Memo C3/D.O/20/2023, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's wife namely, Kundu @ Vijayalakshmi, wife of Kumar, aged 46 years before this Hon'ble High Court and set the petitioner's wife at liberty from detention, now the petitioner's wife detained at Special Prison for Women, Vellore. For Petitioner :
Mr.R.Sasikumar For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[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.R.Sasikumar, 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 Page Nos.2/5
detention order has since been revoked (Advisory Board) vide proceedings dated 17.07.2023 bearing reference G.O.Rt.No.3861, Home, Prohibition and Excise (XI) Department.
4. In the light of the aforementioned undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition.
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.) 31.07.2023 Index : Yes / No Speaking / Non-speaking order mk Page Nos.3/5
M.SUNDAR, J., and R.SAKTHIVEL, J., mk To 1.
The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Fort St.George, Chennai-600 009.
2.
The District Collector & District Magistrate Cuddalore District Cuddalore.
3.
The Superintendent of Police Cuddalore District Cuddalore.
4.
The Superintendent of Police Special Prison for Women, Vellore, Vellore District.
5.
State rep. by its The Inspector of Police Thirupapuliyur Police Station Cuddalore District.
6.
The Public Prosecutor, High Court, Madras.
H.C.P.No.1149 of 2023 Page Nos.4/5
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