K.Saleem v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1572 of 2022 K.Saleem ... Petitioner Vs.

1.State of Tamil Nadu, Represented by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

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

Kanniyakumari.

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

...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order passed in P.D.No.58 of 2022 dated 16.09.2022 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's son i.e., Shafwan Afthil @ Shaban Athil, aged about 24 years, S/o.Saleem, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The learned Additional Public Prosecutor appearing for the respondents has submitted that the detention order, which is impugned 2/5

herein, has already been revoked by the competent authority. Therefore, the prayer sought for in the Habeas Corpus Petition has become infructuous.

2. The said position is not controverted by the learned counsel for the petitioner.

3. In view of the above, recording the said statement made by the learned Additional Public Prosecutor for the respondents, this Habeas Corpus Petition is dismissed as infructuous. (R.S.K., J.) & (K.K.R.K, J.) 20.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 3/5

To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

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

Kanniyakumari.

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

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

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

RM H.C.P.(MD)No.1572 of 2022 20.06.2023 5/5