Selvaraj v. Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Selvaraj S/o.Arockiyaswamy ..

Petitioner Vs.

1.

The Principal Secy. to Government Home, Prohibition and Excise Dept., Secretariat Chennai-600 009.

2.

The Commissioner of Police Tambaram City.

3.

The Superintendent of Prison Central Prison, Puzhal Chennai-66.

4.

The Inspector of Police T-1 Tambaram 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 in connection with the order of detention passed by the second respondent dated 15.09.2022 in Memo No.146/BCDFGISSSV/2022 against the petitioner's son Vivekraj @ Vivek, male, aged 28 years, S/o.Selvaraj, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty. For Petitioner :

Mr.S.Senthilvel 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.Senthilvel, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 26.10.2022 bearing reference G.O.Rt.No.7107 Home, Prohibition and Excise (X) Department.

3. In the light of the undisputed position, common submission is made Page Nos.2/4

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.) 03.04.2023 Index : Yes / No Speaking / Non-speaking mk To 1.

The Principal Secy. to Government Home, Prohibition and Excise Dept., Secretariat Chennai-600 009.

2.

The Commissioner of Police Tambaram City.

3.

The Superintendent of Prison Central Prison, Puzhal Chennai-66.

4.

The Inspector of Police T-1 Tambaram Police Station Chennai.

5.

The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 03.04.2023 Page Nos.4/4