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Madras High CourtHCP/2092/2022closed

Vijaya v. The State Of Tamil Nadu,

2023-04-03Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar4 pages

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 Vijaya W/o.Mariappan ..

Petitioner Vs.

1.

State of Tamil Nadu Represented by its Secretary to Government Home, Prohibition & Excise Department Secretariat, Chennai-600 009.

2.

The Commissioner of Police Salem Police Commissioner Office Salem City.

3.

The Superintendent of Prison Central Prison Salem.

4.

State rep. by The Inspector of Police Karuppur Police Station Salem District.

.. 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 entire records relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 23.09.2022 on the file of second respondent herein and made in proceedings No.121/Goonda/Salem City/2022 and quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's husband namely, Mariappan, son of Muthu Udayar, aged about 55 years before this Hon'ble High Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained in Central Prison-Salem.

For Petitioner :

Mr.R.Prathap Kumar 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.R.Prathap Kumar, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 07.11.2022 bearing reference G.O.Rt.No.7386 Home, Prohibition and Page Nos.2/4

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

State of Tamil Nadu Represented by its Secretary to Government Home, Prohibition & Excise Department Secretariat, Chennai-600 009.

2.

The Commissioner of Police Salem Police Commissioner Office Salem City.

3.

The Superintendent of Prison Central Prison Salem.

4.

State rep. by The Inspector of Police Karuppur Police Station Salem District.

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