← Library
Madras High CourtHCP(MD)/1392/2018closed

Xavier @ Maria Xavier, v. The Principal Secretary To

2018-11-15Honourable Mr Justice R.Subbiah,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI H.C.P.(MD)No.1392 of 2018 Xavier @ Maria Xavier ... Petitioner Vs.

1. State of Tamil Nadu represented by the Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

2. The District Collector and District Magistrate, Kanyakumari District, Nagercoil.

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

... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of Constitution of India, to issue a Writ of Habeas Corpus to call for the entire records connected with the detention order passed in P.D.No.47/2018, dated 13.09.2018 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., Xavier @ Maria Xavier, aged about 28 years, S/o. Panneer Vasakam, now detained at 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

ORDER

[Order of the Court was made by R.SUBBIAH, J.] https://hcservices.ecourts.gov.in/hcservices/ The present Habeas Corpus Petition has been filed to issue a Writ of Habeas Corpus, to call for the entire records connected with

the detention order passed in P.D.No.47/2018, dated 13.09.2018 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., Xavier @ Maria Xavier, aged about 28 years, S/o. Panneer Vasakam, now being detained at Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

2. Today, when the Habeas Corpus Petition is taken up for consideration, the learned Additional Public Prosecutor produced a copy of the order in G.O.Rt.No.4930, Home, Prohibition & Excise (XIV) Department, dated 07.11.2018, revoking the detention by the Advisory Board.

3. In view of the order dated 07.11.2018, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.

Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

2. The District Collector and District Magistrate, Kanyakumari District, Nagercoil.

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

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

akv SS/PM/SAR 3/13.12.2018/2P/5C H.C.P.(MD)No.1392 of 2018 15.11.2018 https://hcservices.ecourts.gov.in/hcservices/