K.Gomathi v. The Additional Chief Secretary To Government

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 K.Gomathi .. Petitioner Vs 1.State of Tamil Nadu, Rep. By The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The District Collector and District Magistrate, O/o. The District Collector and District Magistrate, Mayiladuthurai District, Mayiladuthurai.

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

4.The Superintendent, Central Prison, Tiruchirappalli.

5.The Inspector of Police, Palaiyur Police Station, Mayiladuthurai District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the entire records in connection with the detention order passed in Page Nos.1/4

C.O.C.No.55/2022 dated 25.11.2022 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce detenu Kanagu @ Kanagaraj, S/o.Thangarasu, male, aged 45 years, who is detained in Central Prison, Tiruchirappalli before this Court and set him at liberty.

For Petitioner :

Mr.K.A.S.Prabhu 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.K.A.S.Prabhu, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 13.01.2023 bearing reference G.O.Rt.No.312 Home, Prohibition and Excise (XV) Department.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 Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The District Collector and District Magistrate, O/o. The District Collector and District Magistrate, Mayiladuthurai District, Mayiladuthurai.

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

4.The Superintendent, Central Prison, Tiruchirappalli.

5.The Inspector of Police, Palaiyur Police Station, Mayiladuthurai District. Page Nos.3/4

6.The Public Prosecutor, High Court, Madras.

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