Elavarasi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI Elavarasi .. Petitioner Vs 1.The State of Tamil Nadu Rep. By its Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Secretariat, Chennai 600 009.

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

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

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

5.The Inspector of Police, Pernambut Police Station, Vellore 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 Page Nos.1/4

in connection with the order of detention passed by the second respondent dated 08.11.2022 in his office Ref.C3.D.O.No.110/2022 against the petitioner's son by name Thiru.Prabakaran, S/o.Moorthy, aged about 32 years, now confined at Central Prison, Vellore, Vellore District and set aside the same and direct the respondents to produce the above said detenu before this Court and set him at liberty. For Petitioner :

Mr.E.Kannadasan 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.E.Kannadasan, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 16.12.2022 bearing reference G.O.Rt.No.8446 Home, Prohibition and Excise (IX) Department.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.) (K.G.T.,J.) 06.06.2023 Index : Yes / No mmi To 1.The Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Secretariat, Chennai 600 009.

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

3.The Superintendent of Police,Vellore District, Vellore. 4.The Superintendent of Prison, Central Prison, Vellore, Vellore District.

5.The Inspector of Police, Pernambut Police Station,Vellore District.

6.The Public Prosecutor, High Court, Madras. Page Nos.3/4

M.SUNDAR, J., and K. GOVINDARAJAN THILAKAVADI, J., mmi 06.06.2023 Page Nos.4/4