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Madras High CourtHCP/1565/2022closed

Suguna v. The Secretary To Government,

2023-03-02Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2023

CORAM

THE HONOURABLE Mr.JUSTICE M.SUNDAR and THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR Suguna W/o.Yesa ... Petitioner -Vs.- 1.

The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai-600 009. 2.

The District Collector & District Magistrate, Kancheepuram District, Kancheepuram.

3.

The Superintendent of Police, Kancheepuram, Kancheepuram District.

4.

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

5.

State rep. by its The Inspector of Police Sriperumbudur Police Station Kancheepuram 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 entire records relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 19.07.2022 on the file of the second respondent herein made in proceedings Memo Rc.No.12481/2022/M6-D.O.No.29/2022, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely David @ Davidson, S/o.Yesa, aged 25 years before this Hon'ble High Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison, Puzhal, Chennai. For Petitioner :

Mr.R.Sasikumar 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.,] Mr.R.Sasikumar, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 27.08.2022 bearing reference G.O.Rt.No.5543 Home, Prohibition and Excise (XI) Department.

Page Nos.2/4

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.) 02.03.2023 Index : Yes / No Speaking / Non-speaking kmi To 1.

The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai-600 009. 2.

The District Collector & District Magistrate, Kancheepuram District, Kancheepuram.

3.

The Superintendent of Police, Kancheepuram, Kancheepuram District.

4.

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

5.

The Inspector of Police Sriperumbudur Police Station Kancheepuram District.

6.

The Public Prosecutor, High Court, Madras.

M.SUNDAR, J Page Nos.3/4

and M.NIRMAL KUMAR, J kmi 02.03.2023 Page Nos.4/4