Nathiya 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 Nathiya .. Petitioner Vs 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

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

3.The Superintendent, Central Prison - II, Puzhal, Chennai.

4.The Superintendent of Police, Tiruvallur District.

5.The Inspector of Police (Law & Order), D2, Thiruvalangadu Police Station, Tiruvallur 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 in connection with the order of detention passed by the 2nd respondent dated 01.11.2022 in BCDFGISSSV No.50/2022 against the petitioner's Page Nos.1/4

husband Suresh, Male, aged 37 years, son of Ramesh, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner :

Mr.M.Illiyas 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.M.Illiyas, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 16.12.2022 bearing reference G.O.Rt.No.8411 Home, Prohibition and Excise (XI) Department.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, Fort St.George, Chennai 600 009.

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

3.The Superintendent, Central Prison - II, Puzhal, Chennai.

4.The Superintendent of Police, Tiruvallur District.

5.The Inspector of Police (Law & Order), D2, Thiruvalangadu Police Station, Tiruvallur District.

6.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