Gandhimathi v. The Principal Secretary To The Government

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 Gandhimathi ... Petitioner vs.

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

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

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

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, calling for the records pertaining to the impugned detention order passed by the 2nd respondent made in his proceedings in Cr.M.P.No.16/Goonda/2023 dated 21.07.2023 in detaining the detenu under Section 2(f) of the Tamilnadu Act 14 of 1982 as a Goonda and quash the same and direct the respondents to produce the detenu namely, Selva @ Selvakumar, S/o.Jawahar, Male, aged about 23 years who is detained at Central Prison, Madurai, before this Court and set him at liberty.

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For Petitioner : Mr.A.Sivasubramaniyan 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.A.Sivasubramaniyan, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 30.08.2023 bearing reference G.O.Rt.No.4754, Home, Prohibition and Excise (IX) Department.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, Home, Prohibition and Excise Department, Secretariat, Chennai - 600009.

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

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

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