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Madras High CourtHCP(MD)/2010/2022dismissed as infructuous

Pitchaiah 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.2010 of 2022 Pitchaiah ......

Petitioner Vs.

1.The State of Tamil Nadu Additional Chief Secretary to Government.

Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

2.The District Collector and District Magistrate Thoothukudi Thoothukudi District.

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3.The Superintendent of Prison, Central Prison Palayamkottai.

Thirunelveli.

..Respondents 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 H.S.(M) CONFDL.No.221/2022 dated 27.10.2022 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenue or body of the detenue namely, the petitioner's son i.e., Velmurugan aged about 23 years, S/o. Pitchaih, now detained at the Central prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner : Mr.S. Muthumalaraja 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herein, has already been revoked by the competent authority.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 Additional Chief Secretary to Government. Home, Prohibition and Excise Department, Secretariat, Chennai- 600 009.

2.The District Collector and District Magistrate Thoothukudi Thoothukudi District.

3.The Superintendent of Prison, Central Prison Palayamkottai.

Thirunelveli.

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.2010 of 2022 20.06.2023 5/5