Masthan Bee v. The State Of Tamil Nadu

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Masthan Bee W/o.Masthan .. Petitioner Vs.

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

2.The Commissioner of Police, Chennai City Police, Greater Chennai, Commissioner Office, Vepery, Chennai - 600 007.

3.The Inspector of Police, J-7 Velachery Police Station, Chennai.

4.The Superintendent of Prison, Central Prison-II, Puzhal, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying Page Nos.1/4

for issuance of a writ of habeas corpus to call for the records in Memo No.222/BCDFGISSSV/2022 dated 27.07.2022 on the file of second respondent herein and set aside the same as illegal and produce the detenu John Basha, son of Masthan, aged about 31 years who is confined at Central Prison, Puzhal, Chennai before this Curt and set him at liberty. For Petitioner :

Mr.Ilayaraja Kandasamy For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.Ilayaraja Kandasamy, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 13.09.2022 bearing reference G.O.Rt.No.5973 Home, Prohibition and Excise (X) Department.

3. In the light of the undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition. Page Nos.2/4

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.) 08.03.2023 Index : Yes / No Speaking / Non-speaking cse To 1.The Additional Chief Secretary to Government, Department of Prohibition and Excise [Home], Fort St. George, Chennai - 600 009.

2.The Commissioner of Police, Chennai City Police, Greater Chennai, Commissioner Office, Vepery, Chennai - 600 007.

3.The Inspector of Police, J-7 Velachery Police Station, Chennai.

4.The Superintendent of Prison, Central Prison-II, Puzhal, Chennai.

5.The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., cse 08.03.2023 Page Nos.4/4