Nathiya v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2023 CORAM :

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

1. The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai.

2. The District Magistrate cum The District Collector, Karur District, Karur.

3.The Superintendent of Police, Central Prison, Trichy.

4.The Inspector of Police, Prohibition Enforcement Wing, Karur 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 pertaining to the impugned detention order passed by the second respondent made in his proceedings in Cr.M.P.No.12/2023 dated 06.07.2023 in detaining the detenue under Section 3(1) of Tamil Nadu 14 of 1982 as a Bootlegger and quash the same and direct the respondents to produce the detenue namely Panni Shanmugam @ Shanmugam, Page No.1 of 5

S/o.Mottaiyan, Male, Aged about 43 years who is now detained in Central Prison, Trichy before this Court and set him at liberty. For Petitioner : Mr.M.Suresh 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.M.Suresh, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 21.08.2023 bearing reference G.O.Rt.No.4609, Home, Prohibition and Excise (XV) Department. Page No.2 of 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.) 30.10.2023 Index : Yes/No Internet : Yes/No PKN Page No.3 of 5

To

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

2. The District Magistrate cum The District Collector, Karur District, Karur.

3.The Superintendent of Police, Central Prison, Trichy.

4.The Inspector of Police, Prohibition Enforcement Wing, Karur District.

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

Page No.4 of 5

M.SUNDAR, J.

and R.SAKTHIVEL, J.

PKN ORDER MADE IN 30.10.2023 Page No.5 of 5