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Madras High CourtHCP/1518/2022disposed of

Gomathi v. Government Of Tamil Nadu

2023-02-24Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Gomathi Wife of Late John Kennedy ..

Petitioner Vs.

1.

Government of Tamil Nadu Rep. by its Secretary, Home, Prohibition and Excise (XVI) Department Fort St.George Chennai-600 009.

2.

Commissioner of Police Greater Chennai Police 3.

Superintendent of Central Prison Puzhal, Chennai-600 066.

4.

Inspector of Police (L & O) F-1, Chintadripet Police Station Chintadripet, Chennai-600 002.

.. 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 in Memo No.BCDFGISSSV/170/2022 dated 28.06.2022 on the file of the 2nd respondent and set aside the same and direct the respondents herein to produce the body of the petitioner's son Thiru.Jothi @ Jothi Ganesh, son of later John Kennedy, aged about 30 years, now confined in Central Prison-II, Puzhal, Chennai-600 066 before this Hon''ble Court and set him at liberty. For petitioner :

No representation For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.M.Sylvester John, Advocate

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] There is no representation for the petitioner.

2. Mr.R.Muniyapparaj, learned Additional Public Prosecutor, who is before us fairly submits that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 18.08.2022 bearing reference G.O.Rt.No.5285 Home, Prohibition and Excise (XIII) Page Nos.2/4

Department. Nothing survives in the captioned habeas corpus petition is his further say.

3. Recording the aforementioned 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.) 24.02.2023 Index : Yes / No Speaking / Non-speaking mk To 1.

Government of Tamil Nadu Rep. by its Secretary, Home, Prohibition and Excise (XVI) Department Fort St.George, Chennai-600 009.

2.

Commissioner of Police Greater Chennai Police 3.

Superintendent of Central Prison Puzhal, Chennai-600 066.

4.

Inspector of Police (L & O) F-1, Chintadripet Police Station Chintadripet, Chennai-600 002.

5.

The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 24.02.2023 Page Nos.4/4