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Madras High CourtHCP/1443/2023closed

Kadaiyammal v. The State Of Tamil Nadu Rep.By Its

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.1443 of 2023 Kadaiyammal W/o.Vellaiyan .. Petitioner Vs.

1.

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

2.

The District Magistrate and Collector Namakkal District Namakkal.

3.

The Superintendent of Police Namakkal District.

4.

The Superintendent Central Prison Salem.

5.

The Inspector of Police Enforcement Wing Namakkal.

..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 impugned order of detention passed by the 2nd respondent in C.M.P.No.07/Bootlegger/2023/M1 dated 16.06.2023 and set aside the same, consequently direct the respondent to produce the Detenue Vellaiyan S/o. Perumal, aged 53 years 3/79, Kedamalai Melur (Post), Rasipuram, Namakkal District, now confined in the central Prison, Salem before this Honble Court and set him at Liberty.

For Petitioner :

Mr.A.S.Prabu 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.A.S.Prabu, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 21.07.2023 bearing reference G.O.Rt.No.4002, Home, Prohibition and Excise (XIV) Department.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 State of Tamil Nadu Rep. by its Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-600 009.

2.

The District Magistrate and Collector Namakkal District Namakkal.

3.

The Superintendent of Police Namakkal District.

4.

The Superintendent Central Prison Salem.

5.

The Inspector of Police Enforcement Wing Namakkal.

6.

The Public Prosecutor, High Court, Madras.

H.C.P.No.1443 of 2023 14.08.2023 Page Nos.4/4