Sakthivel v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Sakthivel ... Petitioner vs.
1. The State rep. by The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.
2. The Commissioner of Police, Trichy City, Trichy.
3. The Superintendent, Central Prison, Trichy.
4. The Inspector of Police, Cantonment P.S Trichy City.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, by calling for the records relating to the impugned order of Detention made in C.No. 35/Detention/C.P.O/T.C/2023 dated 04.05.2023 on the file of the Commissioner of Police, Trichy City, the 2nd respondent herein, branding Page No.1 of 5
the petitioner's son / detenu by name Gangatharan, S/o.Sakthivel, aged about 22 years as 'GOONDA' who is now confined in Central Prison, Trichy, and quash the impugned order of detention and set the petitioner's son at liberty by producing him before this Court. For Petitioner : Mr.T.J.Ebenezer Charles 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.T.J.Ebenezer Charles, learned counsel on record for petitioner and Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor for respondents 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 09.06.2023 bearing reference G.O.Rt.No.3154, Home, Prohibition and Excise (XII) Department. Page No.2 of 5
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.) 30.10.2023 Index : Yes / No : Yes / No bala To
1. The State rep. by The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.
2. The Commissioner of Police, Trichy City, Trichy.
3. The Superintendent, Central Prison, Trichy.
4. The Inspector of Police, Cantonment P.S Trichy City.
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5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.SUNDAR, J.
and R.SAKTHIVEL, J.
bala ORDER MADE IN DATED : 30.10.2023 Page No.5 of 5