Elamparithi v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Elamparithi .. Petitioner Vs 1.The State of Tamil Nadu Rep. By its Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2.The District Collector and District Magistrate of Cuddalore District, Cuddalore.

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

4.The Inspector of Police, Cuddalore Old Town Police Station, Cuddalore District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records in connection with the order of detention passed by the second respondent on 17.10.2022 in C3/D.O./28/2022 against the detenu Page Nos.1/4

Mano @ Manavalan, son of Elamparithi, male, aged about 28 years, who is now confined at Central Prison, Cuddalore (the 3rd respondent herein) and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner :

Mr.P.Parthipan For Respondents :

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

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Mr.P.Parthipan, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 22.11.2022 bearing reference G.O.Rt.No.7838 Home, Prohibition and Excise (XI) Department.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.) 13.04.2023 Index : Yes / No mmi To 1.The Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2.The District Collector and District Magistrate of Cuddalore District, Cuddalore.

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

4.The Inspector of Police, Cuddalore Old Town Police Station, Cuddalore District.

5.The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 13.04.2023 Page Nos.4/4