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Madras High CourtHCP/1675/2022closed

Sangeetha v. The Secretary To Government

2023-03-13Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Sangeetha ..

Petitioner Vs.

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

2.The District Magistrate & District Collector, The Nilgiris @ Udhagamandalam District.

3.The Superintendent of Police, The Nilgiris, The Nilgiris District.

4.The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.

5.State Rep. By its The Inspector of Police, DEVALA Police Station, The Nilgiris District.

.. Respondents 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 husband detention under Tamil Page No.1 of 4

Nadu Act 14 of 1982 vide detention order, dated 29.07.2022 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.07/2022 (Forest Offender), quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband Pushparaj, S/o.Barathidasan, aged 33 years before this Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained at Central Prison, Coimbatore. For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.W.Camyles Gandhi, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 17.09.2022 bearing reference G.O.Rt.No.6072 Home, Prohibition and Excise (X) Department.

Page No.2 of 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.) 13.03.2023 Index : Yes / No mmi To 1.The Secretary to Government Home Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009.

2.The District Magistrate & District Collector, The Nilgiris @ Udhagamandalam District.

3.The Superintendent of Police, The Nilgiris, The Nilgiris District.

4.The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District. 5.The Inspector of Police, DEVALA Police Station, The Nilgiris District.

6.The Public Prosecutor High Court, Madras.

Page No.3 of 4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 13.03.2023 Page No.4 of 4