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Madras High CourtHCP(MD)/1219/2021closed

Esakkimuthu Alias Kombaiah v. The Additional Cheif Secretary To Government

2021-11-01Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice R. Pongiappan2 pages

H.C.P.(MD) No.1219 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.(MD) No.1219 of 2021 Esakkimuthu alias Kombaiah ... Petitioner/Detenu -vs1.State of Tamil Nadu, Represented by the Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, 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.86/2021, dated 21.07.2021, 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 namely Esakkimuthu alias Kombaiah aged about 19 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.S.Ravi Additional Public Prosecutor

O R D E R

[Order of the Court was made by V.BHARATHIDASAN, J.] This Habeas Corpus Petition is filed challenging the order of detention passed in M.H.S.Confdl. No.86/2021, dated 21.07.2021, by the second respondent.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the State, on instructions submitted that the Government itself has revoked the order of detention, by the order in G.O.Rt.No.4429, Home, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1219 of 2021 Prohibition & Excise (XIV) Department, dated 27.09.2021. 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-III) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Secretariat, Chennai - 600 009.

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

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

4.The Joint Secretary to Government, Public (Law and Order), Fort. St.George, Chennai-9 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER MADE IN H.C.P.(MD) No.1219 of 2021 01.11.2021 NA(CO) GC/JGB(16.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2