Nambiammal v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023 CORAM :

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

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

2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

3. The Superintendent of Prison, Cuddalore Central Prison, Cuddalore District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, calling for the entire records, connected with the detention order of the Respondent No.2 in M.H.S Confdl No.130/2023 dated 07.10.2023 and quash the same and direct the respondents to produce the body or person of the detenu by name Rackisiva alias Siva, son of Velmurugan aged about 28 years, now confining as ''Goonda'' at Cuddalore Central Prison before this Court and set him at liberty forthwith.

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For Petitioner : Mr.R.Alagumani 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. Mr.R.Alagumani, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 22.11.2023 bearing reference G.O.Rt.No.6562, Home, Prohibition and Excise (XIV) Department.

4. In the light of the aforementioned undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition.

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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.) 06.12.2023 Index : Yes / No : Yes / No bala To

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

2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

3. The Superintendent of Prison, Cuddalore Central Prison, Cuddalore District.

4. 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 :06.12.2023 Page No.4 of 4