Thenmozhi v. The Secretary To Government

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Thenmozhi .. Petitioner Vs.

1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Commissioner of Police, Tambaram City, Office of the Commissioner of Police (Goondas Section), Sholinganallur, Chennai - 119.

3.The Superintendent of Prison, Central Prison, Vellore, Vellore District.

4.State rep. By its The Inspector of Police, T17 Perumbakkam Police Station, Chennai.

.. 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 detention under Tamil Nadu Act 14 of 1982 vide detention order dated 20.09.2022 on the file Page Nos.1/4

of second respondent herein and made in proceedings Memo in BCDFGISSSV No.147/2022, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Suresh @ Kottaisappi Suresh, son of Ramesh, aged 23 years before this Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained in Central Prison, Vellore.

For Petitioner :

Ms.S.Vedavalli For Respondents :

Mr.E.Raj Thilak, Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Ms.S.Vedavalli, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor 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2.Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 07.11.2022 bearing reference G.O.Rt.No.7418 Home, Prohibition and Excise (X) Department.

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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.) 24.04.2023 Index : Yes / No mmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Commissioner of Police, Tambaram City, Office of the Commissioner of Police (Goondas Section), Sholinganallur, Chennai - 119.

3.The Superintendent of Prison, Central Prison, Vellore, Vellore District.

4. The Inspector of Police, T17 Perumbakkam Police Station, Chennai.

5.The Public Prosecutor High Court, Madras.

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M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 24.04.2023 Page Nos.4/4