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Madras High CourtHCP/1446/2022disposed of

E.Dillibabu v. The Secretary To Government Of Tamilnadu

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 E.Dillibabu S/o.Elumalai ..

Petitioner Vs.

1.

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

2.

The Office of the District Magistrate and District Collector, Tiruvllur District, Tiruvallur.

3. The Inspector of Police, Perriapalayam Police Station, Tiruvallur District.

4.

The Superintendent of Police, Tiruvallur District.

5.

The Superintendent of Prison, Central Prison, Puzhal, Chennai.

... 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 03.07.2022 passed by the second respondent in his proceedings BCDFGISSSV.No.33/2022 and quash the same and direct the respondents herein to produce the petitioner's younger brother namely, Sarathkumar, son of Elumalai aged about 30 years, who is presently undergoing detention in the Central Prison, Puzhal - II, as 'Bootlegger' before this Hon'ble Court and set her at liberty forthwith. For Petitioner :

Mr.N.Sudharsan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.N.Sudharsan, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings Page Nos.2/4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.5387, Home, Prohibition and Excise (XI) 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 Prohibition & Excise Department Fort St.George, Chennai-600 009.

2.

The Office of the District Magistrate and District Collector, Tiruvllur District, Tiruvallur.

3. The Inspector of Police, Perriapalayam Police Station, Tiruvallur District.

4.

The Superintendent of Police, Tiruvallur District.

5.

The Superintendent of Prison, Central Prison, Puzhal, Chennai.

6.

The Public Prosecutor High Court, Madras.

27.02.2023 Page Nos.4/4