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Madras High CourtHCP/1408/2023closed

Santhi v. The Secretary To The Government

2023-08-14Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.1408 of 2023 Santhi W/o.Elumalai .. Petitioner Vs.

1.

The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009.

2.

The District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai.

3.

The Superintendent of Police Tiruvannamalai District, Tiruvannamalai.

4.

The Superintendent of Prison Central Prison, Vellore-2.

5.

The Inspector of Police Polur Police Station Tiruvannamalai 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 in connection with the order of detention passed by the second respondent dated 30.06.2023 in D.O.No.67/2023 - C2 against the petitioner's husband Elumalai, male aged 47 years S/o. Kumar, who is confined at Central Prison Vellore and set aside the same and direct the respondents to produce the detenue before the Hon'ble Court and set him at Liberty.

For Petitioner :

Mr.D.Balaji 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.D.Balaji, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 31.07.2023 bearing reference G.O.Rt.No.4172, Home, Prohibition and Excise (XI) Department.

Page Nos.2/4

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.) 14.08.2023 Index : Yes / No Speaking / Non-speaking order mk Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk To 1.

The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009.

2.

The District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai.

3.

The Superintendent of Police Tiruvannamalai District, Tiruvannamalai.

4.

The Superintendent of Prison Central Prison, Vellore-2.

5.

The Inspector of Police Polur Police Station Tiruvannamalai District.

6.

The Public Prosecutor, High Court, Madras.

H.C.P.No.1408 of 2023 14.08.2023 Page Nos.4/4