R.Kavitha v. The Secretary To Government

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR R.Kavitha .. Petitioner Vs.

1.

The Secretary to Government, Home, Prohibition & Exercise Department, Secretariat, Fort St. George, Chennai - 600 009.

2.

The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai.

3.

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

4.

The Inspector of Police, F-3, Nungambakkam Police Station, Chennai.

... 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 pertaining to the order of detention passed by the second respondent in his proceedings in No.289/BCDFGISSSV/2022, dated 05.09.2022 and quash the same as illegal and produce the detenu, namely Vadivel @ Velubhai, S/o.Kasi, aged 42 years, now he is confined in Central Prison, Puzhal II, Chennai before this Court and set him at liberty.

For Petitioner :

Mr.C.Raja For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.C.Raja, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings Page Nos.2/4

dated 20.10.2022 bearing reference G.O.Rt.No.6907, Home, Prohibition and Excise (XIII) 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.

(M.S.,J.) (M.N.K.,J.) 28.03.2023 Index : Yes / No Speaking / Non-speaking rsi Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., rsi To 1.

The Secretary to Government, Home, Prohibition & Exercise Department, Secretariat, Fort St. George, Chennai - 600 009.

2.

The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai.

3.

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

4.

The Inspector of Police, F-3, Nungambakkam Police Station, Chennai.

5.

The Public Prosecutor, High Court, Madras.

28.03.2023 Page Nos.4/4