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Madras High CourtHCP/2087/2022closed

Gayathri v. State Of Tamil Nadu

2023-04-10Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Gayathri .. Petitioner Vs 1.State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The District Collector and District Magistrate of Vellore District, Vellore.

3.The Superintendent of Police, Vellore District, Vellore.

4.The Inspector of Police, Panamadangi Police Station, Vellore District.

5.The Superintendent, Central Prison, Vellore.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records, relating to the petitioner's husband's detention under Tamil Page Nos.1/5

Nadu Act 14 of 1982 vide detention order, dated 03.10.2022 on the file of the 2nd respondent herein made in proceedings C3/D.O.No.97/2022 and to quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's husband namely Govindharaj (a) Bosekan, aged 38 years, Son of Jayaraman, before this Court and set him at liberty, now petitioner's husband detained at Central Prison, Vellore. For Petitioner :

Mr.C.C.Chellappan For Respondents :

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

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Mr.C.C.Chellappan, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for respondents 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 08.11.2022 bearing reference G.O.Rt.No.7429 Page Nos.2/5

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.) 10.04.2023 Index : Yes / No mmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The District Collector and District Magistrate of Vellore District, Vellore.

3.The Superintendent of Police, Vellore District, Vellore.

4.The Inspector of Police, Panamadangi Police Station, Vellore District.

5.The Superintendent, Page Nos.3/5

Central Prison, Vellore.

6.The Public Prosecutor, High Court, Madras. M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 10.04.2023 Page Nos.4/5

Page Nos.5/5