Devagi v. State Of Tamil Nadu

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 Devagi .. Petitioner Vs.

1.State of Tamil Nadu rep. by its, Additional Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 600 007.

3.The Inspector of Police, T-13 Kundrathur Police Station, Chennai - 600 069.

4.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for Page Nos.1/4

issuance of a writ of habeas corpus calling for the records of the second respondent in connection with the order of 2nd respondent dated 03.10.2022 in BCDFGISSSV No.150/2022, Kili @ Elumalai, son of Thulasi aged about 27 years as a Goonda under Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to produce the body of the said detenu, the detenu now lodged in Central Prison, Puzhal at Chennai before this Court and set him at liberty.

For Petitioner :

Mr.P.Sundararajan 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.P.Sundararajan, 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are before us. 2.Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 09.11.2022 bearing reference G.O.Rt.No.7481 Home, Prohibition and Excise (X) Department.

3.In the light of the undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition. Page Nos.2/4

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 Additional Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 600 007.

3.The Inspector of Police, T-13 Kundrathur Police Station, Chennai - 600 069.

4.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

5.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