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Madras High CourtHCP(MD)/1398/2023closed

Mariyammal v. The Principal Secretary To Government

2023-12-07Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2023 CORAM :

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Mariyammal ... Petitioner vs.

1. The State of Tamil Nadu, rep. by Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Chennai-600009.

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

3. The Inspector of Police, Thanjavur Town West Police Station, Thanjavur District.

4. The Superintendent, Central Prison, ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, calling for the records relating to the Detention order passed by the 2nd respondent in P.D No.60/2023 dated 29.09.2023 and to quash the same and direct the respondents to Page No.1 of 5

produce the person or body of the petitioner's husband viz., detenu, Pachaikili alias Suryakumar, son of Ramesh, aged 23 years, before this Court and set him at liberty, now detained at Central Prison, For Petitioner : M/s.A.Devaki For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[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. M/s.A.Devaki, learned counsel on record for petitioner and Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor for respondents 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 03.11.2023 bearing reference G.O.Rt.No.6208, Home, Prohibition and Excise (XV) Department.

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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.) 07.12.2023 Index : Yes / No : Yes / No bala To

1. The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise (XVI) Department, Fort St.George, Chennai-600009.

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

3. The Inspector of Police, Thanjavur Town West Police Station, Thanjavur District.

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4. The Superintendent, Central Prison,

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

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M.SUNDAR, J.

and R.SAKTHIVEL, J.

bala ORDER MADE IN DATED : 07.12.2023 Page No.5 of 5