Habeas Corpus petition filed regarding detention under Tamil Nadu Act 14 of 1982. Court disposed of the petition as closed because the detention order had been revoked.
Petition disposed of as closed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HCP(MD)No.563 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
H.C.P.(MD)No.563 of 2023
Shanthi
: Petitioner
Vs.
1.The Secretary to Government, Home Prohibition and Excise Department, Secretariat,
Chennai – 600 009.
2.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli.
3.The Superintendent of Prison, Central Prison, Tiruchirapalli.
: Respondents
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HCP(MD)No.563 of 2023
PRAYER:
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records pertaining to the impugned detention order passed by the second respondent made in proceedings in C.No.25/Detentio/C.P.O/T.C/2023 dated 12.04.2023 in detaining the detenu under Section 2(g) of the Tamil Nadu Act 14 of 1982 as a Immoral Traffic Offender and quash the same and direct the respondents to produce the Detenu namely Rajendran @ Rajesh S/o.Palanisamy, Male, aged about 57 years, who is detained at Central Prison, Tiruchirapalli, before this Hon'ble Court and set him at liberty.
For Petitioner : Mr.K.M.Karunakaran 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.K.M.Karunakaran, learned counsel on record for petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor are before us.
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HCP(MD)No.563 of 2023
3. Learned counsel on both sides submit that the impugned
preventive detention order has since been revoked (Advisory Board) vide proceedings dated 23.05.2023 bearing reference G.O.Rt.No.2733, Home, Prohibition and Excise (XII) Department.
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.]
04.10.2023
Index : Yes/No Internet : Yes/No MR
Page 3 of 5
HCP(MD)No.563 of 2023
To
Chennai – 600 009.
Page 4 of 5
HCP(MD)No.563 of 2023
M.SUNDAR, J. and R.SAKTHIVEL, J.
MR
ORDER MADE IN H.C.P.(MD)No.563 of 2023
04.10.2023
Page 5 of 5
1 issue framed by the court
Whether the Habeas Corpus Petition survives when the impugned preventive detention order has been revoked by the Advisory Board.
2 provisions across 2 enactments
Shanthi
The Secretary to Government, Home Prohibition and Excise Department
The Commissioner of Police, Tiruchirapalli City
The Superintendent of Prison, Central Prison, Tiruchirapalli
M.Sundar
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
