Habeas corpus petition filed to quash detention order and produce detenu. Court disposed of petition as closed due to common submission that preventive detention order was already revoked by Advisory Board.
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HCP(MD)No.876 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
H.C.P.(MD)No.876 of 2023
Barath Vigneshkumar : Petitioner
Vs.
1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009.
2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi. 3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli. : Respondents Page 1 of 5
HCP(MD)No.876 of 2023
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. 79/2023 dated 21.06.2023 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely Barath Vigneshkumar, aged about 25 years S/o.Vasudevan, now detained at the Central Prison, Palayamkottai, before this Hon'ble Court and set him at liberty.
For Petitioner : Mr.N.Pragalathan 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.N.Pragalathan, learned counsel on record for petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor are
before us.
Page 2 of 5
HCP(MD)No.876 of 2023
3. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 31.07.2023 bearing reference G.O.Rt.No.4149, Home, Prohibition and Excise (XII) Department.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.]
19.10.2023
Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No MR
Page 3 of 5
HCP(MD)No.876 of 2023
To
Home Prohibition and Excise Department,
Chennai – 600 009.
Palayamkottai,
Tirunelveli.
Page 4 of 5
HCP(MD)No.876 of 2023
M.SUNDAR, J. and R.SAKTHIVEL, J.
MR
ORDER MADE IN H.C.P.(MD)No.876 of 2023
19.10.2023
Page 5 of 5
Barath Vigneshkumar
Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai
District Collector and District Magistrate, Thoothukudi District
Superintendent of Prison, Central Prison, Palayamkottai
M.SUNDAR
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
