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Madras High CourtHCP(MD)/1677/2022dismissed as infructuous

Enbavalli v. The Additional Chief Secretary To Government

2023-06-20Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.K. Ramakrishnan5 pages

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.1677 of 2022 Enbavalli ......

Petitioner Vs.

1. The State of Tamil Nadu rep. by Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

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

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3.The Superintendent of Prison, Central Prison Madurai.

4. The Inspector of Police Mayiladumparai Police Station Kadamalaikundu Circle, Theni District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records relating to the Detention Order passed by the second respondent in Detention Order on 13.09.2022 in Detention Order No.92/2022 and to quash the same and direct the Respondents to produce the body or person of the detenu, Vaishnavakumar, S/o.Devendran, (aged 22 years), before this Court and set him at liberty, now confined at Central Prison, Madurai. For Petitioner : Mr.D. Rameshkumar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 2/5

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Prosecutor appearing for the respondents has submitted that the detention order, which is impugned herein, has already been revoked by the competent authority.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 State of Tamil Nadu rep. by Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

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

3.The Superintendent of Prison, Central Prison Madurai.

4. The Inspector of Police Mayiladumparai Police Station Kadamalaikundu Circle, Theni District.

5.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.1677 of 2022 20.06.2023 5/5