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Madras High CourtHCP/1668/2022closed

Elavarasi v. Secretary To Government

2023-03-27Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Elavarasi W/o.Venkatesan ..Petitioner /wife of the detenu Vs.

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

2. The District Collector & District Magistrate

3. The Superintendent of Police

4. The Superintendent of Prison

5. The Inspector of Police, Vellore PEW Police Station Vellore 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 records in connection with the order of detention passed by the second respondent dated 21.08.2022 in C3/D.O.No.84/2022 against the petitioner husband Venkatesan, male, aged 42 years, son of Murugesan who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner :

Mr.S.Senthil Vel 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.S.Senthil Vel, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by Mr.M.Sylvester John, Advocate, are before us. Page Nos.2/4

2. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 28.09.2022 bearing reference G.O.Rt.No.6413, Home, Prohibition and Excise (IX) Department.

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.) 27.03.2023 gpa To

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

2. The District Collector & District Magistrate

3. The Superintendent of Police Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa

4. The Superintendent of Prison

5. The Inspector of Police, Vellore PEW Police Station Vellore District

6. The Public Prosecutor High Court, Madras.

27.03.2023 Page Nos.4/4