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Madras High CourtHCP(MD)/1446/2023closed

Vijay Abinash v. The Additional Chief Secretary To The Government

2024-01-09Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P(MD)No.1446 of 2023 Vijay Abinash ... Petitioner/detenu person Vs.

1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise (xiv) Department, Fort St. George, Chennai - 600 009.

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

3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, seeking 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.159/2023, dated 09.11.2023 and quash the same and direct the respondents to produce the body or person of the detenu by name Vijay Abinash, son of Sivanaiya, aged about 21 years, detained as "Drug Offender" now confining at Palayamkottai Central Prison before

this Hon'ble Court and set him at liberty forthwith. For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.Ravi, Addl. Public Prosecutor

ORDER

(Order of the Court was made by J.NISHA BANU, J.) This Habeas Corpus Petition has been filed by the petitioner to quash the Detention Order passed by the second respondent in M.H.S.Confdl. No.159/2023, dated 09.11.2023 and direct the respondents to produce the body or person of the detenu by name Vijay Abinash, son of Sivanaiya, aged about 21 years, detained as "Drug Offender" now confining at Palayamkottai Central Prison before this Hon'ble Court and set him at liberty forthwith.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, by producing a copy of G.O.Rt.No.7121, Home Prohibition & Excise (XIV) Department, dated 20.12.2023, would state that the impugned detention order has been revoked by the Advisory Board.

3. In view of the same, nothing survives for adjudication in this Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.

[J.N.B.,J.] & [K.K.R.K.,J.] 09.01.2024 Index :Yes/No NCC :Yes/No pm To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise (xiv) Department, Fort St. George, Chennai - 600 009.

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

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

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

J.NISHA BANU , J.

AND K.K.RAMAKRISHNAN, J.

pm ORDER MADE IN 09.01.2024