Shanthi v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.(MD)No.563 of 2023 Shanthi : Petitioner Vs.

1.The Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli.

3.The Superintendent of Prison, Central Prison, Tiruchirapalli.

: Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records pertaining to the impugned detention order passed by the second respondent made in proceedings in C.No.25/Detentio/C.P.O/T.C/2023 dated 12.04.2023 in detaining the detenu under Section 2(g) of the Tamil Nadu Act 14 of 1982 as a Immoral Traffic Offender and quash the same and direct the respondents to produce the Detenu namely Rajendran @ Rajesh S/o.Palanisamy, Male, aged about 57 years, who is detained at Central Prison, Tiruchirapalli, before this Hon'ble Court and set him at liberty. For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity]. 2.Mr.K.M.Karunakaran, learned counsel on record for petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor are before us.

3.Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 23.05.2023 bearing reference G.O.Rt.No.2733, Home, Prohibition and Excise (XII) Department. 4.In the light of the aforementioned undisputed position, common submission is made that nothing survives in the captioned Habeas Corpus Petition.

5.Recording the aforementioned common submission, captioned HCP is disposed of as closed. There shall be no order as to costs. [M.S.,J.] & [R.S.V.,J.] 04.10.2023 Index : Yes/No Internet : Yes/No MR

To 1.The Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli.

3.The Superintendent of Prison, Central Prison, Tiruchirapalli.

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

M.SUNDAR, J.

and R.SAKTHIVEL, J.

MR ORDER MADE IN H.C.P.(MD)No.563 of 2023 04.10.2023