Nathiya.P 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 Nathiya .. Petitioner Vs 1.State of Tamil Nadu Rep. By its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

2.The Commissioner of Police, Office of Commissioner of Police, Salem City, Salem District.

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

4.The Inspector of Police, Azhagupuram Police Station, Salem City, Salem.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to produce the body of the detenu by name Periyasamy, s/o. Udayakumar, aged 41 years, Page Nos.1/4

presently confined at Central Prison, Salem, before this Court and set him at liberty forthwith, after calling for the records pertaining to the detention order dated 15.11.2022 in C.M.P.No.146/Goonda/Salem City/2022 passed by the 2nd respondent, quash the same. For Petitioner :

Mr.B.Mohan 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.B.Mohan, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 21.12.2022 bearing reference G.O.Rt.No.8590 Home, Prohibition and Excise (XIV) Department.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 Department, Fort St.George, Chennai 600 009.

2.The Commissioner of Police, Office of Commissioner of Police, Salem City, Salem District.

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

4.The Inspector of Police, Azhagupuram Police Station, Salem City, Salem.

5.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