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Madras High CourtHCP/1760/2022closed

Muniyamma v. State Of Tamil Nadu

2023-03-20Honourable Mr Justice M. Sundar,Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Muniyamma, W/o.Chinnathambi ..

Petitioner Vs.

1.State of Tamil Nadu, Rep. by the Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2. The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Krishnagiri District.

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

4. The Superintendent of Police, Krishnagiri, Krishnagiri District.

5. The Inspector of Police, Berigai Police Station, Krishnagiri District. .. Respondents Page Nos.1/5

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records relating to the Detention order vide Memo S.C.No.29/2022 dated 23.08.2022 passed by the second respondent and quash the same and direct the respondents herein to produce the petitioner's son namely Subramani, S/o.Chinnathambi, aged 23 years, (who is presently under going detention in the Central Prison, Salem), before this Court and set him at liberty. For Petitioner :

Mr.S.Kalaimani For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.S.Kalaimani, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 27.09.2022 bearing reference G.O.Rt.No.6378, Home, Prohibition and Excise (XV) Department.

Page Nos.2/5

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.) (N.A.V.,J.) 20.03.2023 Index : Yes / No Speaking / Non-speaking gpa Page Nos.3/5

To

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

2. The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Krishnagiri District.

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

4. The Superintendent of Police, Krishnagiri, Krishnagiri District.

5. The Inspector of Police, Berigai Police Station, Krishnagiri District.

6. The Public Prosecutor High Court, Madras.

Page Nos.4/5

M.SUNDAR, J., and N.ANAND VENKATESH, J., gpa 20.03.2023 Page Nos.5/5