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Madras High CourtHCP/1971/2022closed

K.Kala v. State Of Tamilnadu Rep By

2023-03-21Honourable Mr Justice M. Sundar,Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Kala W/o.G.Kumar .. 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 Commissioner of Police Office of Commissioner Tambaram Range, Sholinganallur Chennai-600 119.

3.

The Superintendent of Prison Central Prison Puzhal, Chennai-600 066.

4.

The Inspector of Police T-9, Maraimalai Nagar Police Station Maraimalai Nagar, Chengalpattu - 603 209.

.. Respondents Page Nos.1/4

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records in detention order passed in Memo No:130/BCDFGISSV/2022 order dated 29.08.2022 on the file of the 2nd respondent herein and set aside the same and direct the respondents to produce the detenu i.e., the body of K.Manikandan, s/o.G.Kumar, male, aged about 30 years, the detenu detained under Act 14 of 1982 in detention order Memo No:130/BCDFGISSSV/2022 order dated 29.08.2022 herein now confined in Central Prison, Puzhal, Chennai, before this Hon'ble Court and set him at liberty.

For Petitioner :

Mr.V.Purushothaman 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.V.Purushothaman, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 03.10.2022 bearing reference G.O.Rt.No.6257 Home, Prohibition and Page Nos.2/4

Excise (X) 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.) (N.A.V.,J.) 21.03.2023 Index : Yes Speaking mk Page Nos.3/4

M.SUNDAR, J., and N.ANAND VENKATESH, 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 Commissioner of Police Office of Commissioner Tambaram Range, Sholinganallur, Chennai-600 119.

3.

The Superintendent of Prison Central Prison Puzhal, Chennai-600 066.

4.

The Inspector of Police T-9, Maraimalai Nagar Police Station Maraimalai Nagar, Chengalpattu - 603 209.

5.

The Public Prosecutor High Court, Madras.

21.03.2023 Page Nos.4/4