Sarashwathi v. The State Of Tamilnadu

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.04.2023

CORAM

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

1.The State of Tamil Nadu, Rep. by the Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Vellore District, Vellore.

3.The Superintendent of Police, Vellore District, Vellore.

4.The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.

5.The Superintendent of Prison, Central Prison, Vellore.

.. Respondents Page Nos.1/4

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 dated 31.10.2022 passed by the second respondent in his proceeding No.C3/D.O.No.105 of 2022 and to quash the same and direct the respondents herein to produce the petitioner's husband namely Vinoth @ Vinothkumar son of Nagara aged about 30 years, who is presently undergoing detention in the Central Prison, Vellore as "Bootlegger" before this Court and set him at liberty forthwith., For Petitioner :

Mr.R.Parthiban 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.R.Parthiban, 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are before us. 2.Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 05.12.2022 bearing reference G.O.Rt.No.8137 Home, Prohibition and Excise (IX) Department.

Page Nos.2/4

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.) 26.04.2023 Index : Yes / No Speaking / Non-speaking cse To 1.The Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Vellore District, Vellore.

3.The Superintendent of Police, Vellore District, Vellore.

4.The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District. 5.The Superintendent of Prison, Central Prison, Vellore.

6.The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., cse 26.04.2023 Page Nos.4/4