Selvi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Selvi .. Petitioner Vs 1.The State of Tamil Nadu Rep. By its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

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 Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the entire records relating to the petitioner's husband detention under Tamil Page Nos.1/4

Nadu Act 14 of 1982 vide detention order dated 23.09.2022 on the file of the second respondent herein and made in proceedings No.122/Goonda/Salem City/2022 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Elumalai, son of Kariyan, aged about 48 years before this 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

ORDER

[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 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 07.11.2022 bearing reference G.O.Rt.No.7387 Home, Prohibition and Excise (XIV) Department. Page Nos.2/4

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.) 13.04.2023 Index : Yes / No mmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2.The Commissioner of Police, Salem Police Commissioner Office, Salem City.

3.The Superintendent of Prison, Central Prison, Salem.

4.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., mmi 13.04.2023 Page Nos.4/4