Marimuthu v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL Marimuthu .. Petitioner/detenu vs 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Magistrate and District Collector, Office of the District Magistrate and District Collector, Dindigul District, Dindigul.

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

.. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus calling for the entire records connected with the detention order of the second respondent in Detention Order No.46 of 2023 dated 08.07.2023 and quash the same 1/5

and direct the respondents to produce the body or person of the detenu by name Marimuthu, son of Palanisamy, aged about 27 years, now detained as 'Goonda' at Madurai Central Prison before this Court and set him at liberty forthwith.

For Petitioner :

Mr.S.Ramesh Kumar For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

[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.S.Ramesh Kumar, learned counsel on record for petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor 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3.Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 23.08.2023 bearing reference G.O.Rt.No.4654, Home, Prohibition and Excise (XIII) Department. 2/5

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.) 01.11.2023 Index : Yes/No ps 3/5

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

2.The District Magistrate and District Collector, Office of the District Magistrate and District Collector, Dindigul District, Dindigul.

3.The Superintendent of Prison, Madurai Central Prison, 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., ps 01.11.2023 5/5