D.Karuppasamy v. The Additional Chief Secretary to Government

ORDER [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.

3.Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 19.09.2023 bearing reference G.O.Rt.No.5165, Home, Prohibition and Excise (XII) Department.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.)

16.11.2023 Index : Yes/No ps To

1.The Additional Chief Secretary to Government, 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.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. M.SUNDAR, J., and R.SAKTHIVEL, J., ps

16.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL D.Karuppsamy .. Petitioner vs 1.State of Tamil Nadu, Represented by the Additional Chief Secretary to Government, 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 Prayer:- 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 passed in H.S.(M) Confdl No.96/2023, dated 03.08.2023 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's son ie., Udhaya @ Udhayamoorthi, aged about 23 years, S/o.Karuppasamy, now detained at the Central Prison, Palayamkottai before this Court and set him at liberty forthwith. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor