Mariya v. The Additioinal Secretary

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 Mariya .. Petitioner Vs.

1.State of Tamil Nadu rep. By The Additional Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7.

3.The Inspector of Police, P6 Kodungaiyur Police Station, Chennai.

4.The Superintendent of Prison, Central Prison II, Puzhal, Chennai - 66.

.. Respondents 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 the detention order passed in Memo No.342/BCDFGISSSV/2022 dated 07.10.2022 by the second respondent under the Tamil Nadu Act 14 of 1982 and set aside the Page Nos.1/4

same and direct the respondents to produce the petitioner's husband Thiru.Srinivasan @ Kona Seenu, S/o.Dhandapani, aged about 39 years, the detenu, now confined in Central Prison, Puzhal, Chennai before this Court and set the petitioner's husband Thiru.Srinivasan @ Kona Seenu, S/o.Dhandapani, aged about 39 years, the detenu herein at liberty.

For Petitioner :

Mr.R.Muthukumar 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2.Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 15.11.2022 bearing reference G.O.Rt.No.7660 Home, Prohibition and Excise (XIII) Department. 3.In the light of the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.) 24.04.2023 Index : Yes / No mmi 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, Vepery, Chennai - 7.

3.The Inspector of Police, P6 Kodungaiyur Police Station, Chennai.

4.The Superintendent of Prison, Central Prison II, Puzhal, Chennai - 66.

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