Madras High CourtHCP(MD)/1676/2022dismissed as infructuous

Mariappan v. The 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.1676 of 2022 Mariappan ......

Petitioner Vs.

1.The Secretary to Government.

Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai- 600 009.

2.The District Collector and District Magistrate Kanniyakumari District at Nagercoil.

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

...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 of the respondent No.2 in P.D.No.56/2022 Dated 02.09.2022 and quash the same and direct the respondents to produce the detenu by name Kishore @ Kishore Kumar, son of Maraiappan aged about 21 years, now detained in Palayamkottai Central Prison before this Court and set him at liberty forthwith.

For Petitioner : Mr.R.Vinoth Bharathi 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Prosecutor appearing for the respondents has submitted that the detention order, which is impugned herein, has already been revoked by the competent authority. Therefore, the prayer sought for in the Habeas Corpus Petition has become infructuous. 2/5

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, State of Tamil Nadu, Fort St. George, Chennai- 600 009.

2.The District Collector and District Magistrate Kanniyakumari District at Nagercoil.

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

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.1676 of 2022 20.06.2023 5/5