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Madras High CourtHCP(MD)/957/2023closed

Lavanya v. The Principal Secretary To Government

2023-11-06Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Lavanya ... Petitioner vs.

1. State of Tamil Nadu rep by its The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600009.

2. The District Collector / District Magistrate, Dindigul District, Dindigul.

3. The Superintendent, Central Prison, Madurai, Madurai District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, calling for the records relating to the detention order passed by the 2nd respondent in Detention Order No.47/2023, dated 14.07.2023 and quash the same and direct the respondents to produce the body or detenu namely, Harishankar S/o. Rajappa aged about 30 years (now detained at Central Prison, Madurai) before this Court and set him at liberty.

Page No.1 of 4

For Petitioner : Mr.C.Mayilvahana Rajendran 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.C.Mayilvahana Rajendran, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 28.08.2023 bearing reference G.O.Rt.No.4710, Home, Prohibition and Excise (XIII) Department.

4. In the light of the aforementioned undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition.

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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.) 06.11.2023 Index : Yes / No : Yes / No bala To

1. The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 600009.

2. The District Collector / District Magistrate, Dindigul District, Dindigul.

3. The Superintendent, Central Prison, Madurai, Madurai District.

4. 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 : 06.11.2023 Page No.4 of 4