Madhumithra v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Madhumithra W/o.Rajasekar ..

Petitioner / wife of detenu Vs.

1.

State of Tamil Nadu Rep. By its Secretary to Government Home, Prohibition & Excise Department Secretariat Chennai-600 009.

2.

The District Collector and District Magistrate of Tirupathur District 3.

The Superintendent of Police Tirupathur District 4.

The Inspector of Police Town Police Station Vaniyambadi, Tirupathur District Page Nos.1/4

5.

The Superintendent Central Prison, Vellore .. 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 petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 26.10.2022 on the file of second respondent herein made in proceedings C3/D.O.No.55/2022 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband, namely Rajasekar, aged 32 years,son of Ranjithkumar before this Court and set him at liberty, now petitioner's husband detained at Central Prison, Vellore.

For Petitioner :

Mr.C.C.Chellappan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.C.C.Chellappan, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor are before us. Page Nos.2/4

2. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 12.12.2022 bearing reference G.O.Rt.No.8311 Home, Prohibition and Excise (IX) Department.

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.) 17.04.2023 Index : Yes / No Speaking / Non-speaking gpa To 1.

The Secretary to Government Home, Prohibition & Excise Department Secretariat Chennai-600 009.

2.

The District Collector and District Magistrate of Tirupathur District Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa 3.

The Superintendent of Police Tirupathur District 4.

The Inspector of Police Town Police Station Vaniyambadi, Tirupathur District 5.

The Superintendent Central Prison, Vellore 6.

The Public Prosecutor High Court, Madras.

17.04.2023 Page Nos.4/4