Sarthaj v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

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

2.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Veppery, Chennai - 07.

3.The Superintendent of Prison, Central Prison - 2, Puzhal, Chennai - 66.

4.The Inspector of Police, R4 Soundarapadianar Police Station, Chennai.

.. 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 from the 2nd respondent in connection with order BCDFGISSSV No.429/2022 dated 22.11.2022 and quash the same and produce the Page Nos.1/4

petitioner's son namely Sadiq Batsha, S/o. Ismail, aged 22 years, now confined in Central Prison - 2, Puzhal, Chennai - 66 under the Tamil nadu Act 14 of 1982 before this Court and set him at liberty. For Petitioner :

Mr.P.Pugalenthi 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.Pugalenthi, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 05.01.2023 bearing reference G.O.Rt.No.70 Home, Prohibition and Excise (X) Department.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.) (K.G.T.,J.) 12.06.2023 Index : Yes / No mmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Veppery, Chennai - 07.

3.The Superintendent of Prison, Central Prison - 2, Puzhal, Chennai - 66.

4.The Inspector of Police, R4 Soundarapadianar Police Station, Chennai.

5.The Public Prosecutor, High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and K. GOVINDARAJAN THILAKAVADI, J., mmi 12.06.2023 Page Nos.4/4