Jothi v. The State Of Tamilnadu

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Jothi, W/o.Babu .. Petitioner Vs.

1.

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

2.

The District Collector and District Magistrate, Mayiladuthurai District.

Mayiladuthurai.

3.

The Superintendent of Police, Mayiladuthurai District.

Mayiladuthurai.

4.

The Inspector of Police, Mayiladuthurai District.

Mayiladuthurai.

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5.

The Superintendent of Prison, Central Prison, Thiruchirapalli.

.. Respondents 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 18.07.2022 passed by the second respondent in his proceedings No.C.O.C.No.24/2022 and quash the same and direct the respondents herein to produce the petitioner's husband namely Babu son of Jayaraman aged about 45 years, who is presently undergoing detention in the Central Prison, Thiruchirapalli, as Bootlegger before this Court and set her at liberty forthwith.

For Petitioner :

Mr.M.Vinoth For Respondents :

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

O R D E R

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

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2. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 01.09.2022 bearing reference G.O.Rt.No.5669 Home, Prohibition and Excise (XV) Department.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.) 28.02.2023 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, State of Tamil Nadu, Home, Prohibition & Excise Department, Fort St.George, Chennai - 600 009.

2.

The District Collector and District Magistrate, Mayiladuthurai District. Mayiladuthurai.

3.

The Superintendent of Police, Mayiladuthurai District. Mayiladuthurai.

4.

The Inspector of Police, Mayiladuthurai District.Mayiladuthurai.

5.

The Superintendent of Prison, Central Prison,Thiruchirapalli.

6.

The Public Prosecutor High Court, Madras.

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