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Madras High CourtHCP(MD)/366/2020closed

R.Esakkiyammal v. The Additional Chief Secretary To Government

2020-09-03Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI R.Esakkiyammal ... Petitioner -vs1.State of Tamil Nadu, represented by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariate, Chennai 600 009.

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

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the entire records connected with the detention order passed in M.H.S.Confdl. No.29/2020, dated 27.05.2020 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu viz., the petitioner's grandson ie., 1/3

Prakashraja @ Raja, aged about 20 years, S/o.Mariappan, now detained at the Central Prison, Palayamkottai before this Court and set him at liberty forthwith.

For Petitioner :Mr.N.Pragalathan For Respondents: Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This Habeas Corpus Petition is filed challenging the order of detention passed in M.H.S.Confdl.No.29/2020, dated 27.05.2020, by the second respondent.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor on instructions submitted that the Government itself has revoked the order of detention by the order in G.O.Rt.No.3157, Home, Prohibition & Excise (XIV) Department, dated 27.07.2020. He has also produced the copy of the said Government Order.

3. In view of the above, this Habeas Corpus Petition is closed as no further order is necessary.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS ) 2/3

akv Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariate, Chennai 600 009.

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

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

03.09.2020 NR 17.09.2020 3P 5C 3/3