Iyammal v. The Additional Chief Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL Iyammal .. Petitioner/wife of the detenu vs 1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

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

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli 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 records pertaining to the impugned detention order passed by the second respondent made in his proceedings in M.H.S.Confdl.No.85 of 2023 dated 23.08.2023 in detaining the detenu under Section 2(f) of the Tamil 1/5

Nadu Act 14 of 1982 as a Goonda and quash the same and direct the respondents to produce the detenu namely Esakkidurai, S/o.Shanmugasundaram, male, aged about 33 years, who is detained at Central Prison, Palayamkottai, before this Court and set him at liberty. For Petitioner :

Mr.K.M.Karunakaran 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.K.M.Karunakaran, 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3.Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 04.10.2023 bearing reference G.O.Rt.No.5511, Home, Prohibition and Excise (XIV) Department. 2/5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.) 07.11.2023 Index : Yes/No ps 3/5

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

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

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli 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 07.11.2023 5/5