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Madras High CourtHCP/1632/2022closed

Umarani v. The Secretary To Government

2023-03-15Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Umarani .. Petitioner Vs State rep. By 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 9.

2.The Commissioner of Police, Salem City.

3.The Superintendent of Prison, Central Prison, Salem.

4.The Inspector of Police, Hasthampatty Police Station, Salem City.

.. 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 in C.M.P. No.84/Goonda/Salem City/2022 dated 05.08.2022 on the file of Page Nos.1/4

the Commissioner of Police, Salem City, the second respondent herein and quash the same as illegal and direct the respondent to produce the detenu Shanmugaponvel @ Kuruvi, S/o.Nagarathinam, aged about 20 years, now confined at Central Prison, Salem, before this Court and set him at liberty.

For Petitioner :

Ms.S.Sengkodi For Respondents :

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

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Ms.S.Sengkodi, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for respondents 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 17.09.2022 bearing reference G.O.Rt.No.6081 Home, Prohibition and Excise (XIV) Department.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.) 15.03.2023 Index : Yes / No mmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 9.

2.The Commissioner of Police, Salem City.

3.The Superintendent of Prison, Central Prison, Salem.

4.The Inspector of Police, Hasthampatty Police Station, Salem City.

6.The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 15.03.2023 Page Nos.4/4