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Madras High CourtHCP/2164/2022closed

Kanniyammal v. State Of Tamil Nadu

2023-04-10Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar4 pages

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 Kanniyammal .. 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, Tiruvannamalai District, Tiruvannamalai.

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

4.The Inspector of Police, Prohibition Enforcement Wing, Tiruvannamalai, Tiruvannamalai District.

5.The Superintendent, Central Prison, Vellore.

.. 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, relating to petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 12.10.2022 on the file of the second respondent herein made in proceedings D.O.No.92/2022-C2 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Shanmugam, aged 38 years, son of Dhanapal before this Court and set him at liberty, now petitioner's husband detained at Central Prison, Vellore.

For Petitioner :

Mr.C.C.Chellanppan For Respondents :

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

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.C.C.Chellanppan, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned 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are before us. 2.Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 14.11.2022 bearing reference G.O.Rt.No.7598 Home, Prohibition and Excise (XI) Department.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.) 10.04.2023 Index : Yes / No Speaking / Non-speaking cse To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.

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

4.The Inspector of Police, Prohibition Enforcement Wing, Tiruvannamalai, Tiruvannamalai District.

5.The Superintendent, Central Prison, Vellore.

6.The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., cse 10.04.2023 Page Nos.4/4