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2023 Supreme(Online)(Mad) 97649

MADRAS HIGH COURT
K.SUMATHI – Appellant
Versus
STATE REP BY – Respondent
HCP 1569 2023



HCP No.1569 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.No.1569 of 2023

K.Sumathi

W/o.Karthikeyan

.. Petitioner

Vs.

1.

The Secretary to Government

Cooperation, Food and Consumer Production Department

2nd Floor, Namakkal Kavignar Maligai

Secretariat, Fort St.George

Chennai-600 009.

2.

The Commissioner of Police / Detaining Authority

Tiruppur City

Tiruppur District.

3.

The Addl. Secretary

Government of India

Ministry of Consumer Affairs

Food and Public Distribution

(Dept. of Consumer Affairs)

Room No.270, Krishi Bhawan

New Delhi - 110 001.

4.

The Superintendent of Prison

Central Prison - Coimbatore

Coimbatore District.

Page Nos.1/4

https://www.mhc.tn.gov.in/judis

HCP No.1569 of 2023

5.

State rep. by its

The Inspector of Police

CSCID - Tiruppur

Tiruppur District.

..Respondents

Petition filed under Article 226 of the Constitution of India praying for

issuance of a writ of habeas corpus to call for the entire records relating to

the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide

detention order dated 28.07.2023 on the file of second respondent herein

made in proceedings Memo C.No.01/B.M./IS/Tiruppur City/2023, quash the

same as illegal and consequently, direct the respondents herein to produce

the petitioner's husband namely, Karthikeyan, son of Gopalakrishnan, aged

32 years before this Hon'ble High Court and set the petitioner's husband at

liberty from detention, now the petitioner's husband detained at Central

Prison, Coimabtore.

For Petitioner

:

Mr.W.Camyles Gandhi

For Respondents

:

Mr.E.Raj Thilak

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.W.Camyles Gandhi, learned counsel on record for petitioner and

Mr.E.Raj Thilak, learned Additional Public Prosecutor are before us.

Page Nos.2/4

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HCP No.1569 of 2023

3. Learned counsel on both sides submit that the impugned preventive

detention order has since been revoked (Advisory Board) vide proceedings

dated 08.09.2023 bearing reference G.O (D) No.283 Co-operation, Food and

Consumer Protection (E1) 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.)

27.09.2023

Index : Yes / No

Speaking / Non-speaking order

Neutral Citation : Yes / No

mk

Page Nos.3/4

https://www.mhc.tn.gov.in/judis

HCP No.1569 of 2023

M.SUNDAR, J.,

and

R.SAKTHIVEL, J.,

mk

To

1.

The Secretary to Government

Cooperation, Food and Consumer Production Department

2nd Floor, Namakkal Kavignar Maligai

Secretariat, Fort St.George

Chennai-600 009.

2.

The Commissioner of Police / Detaining Authority

Tiruppur City

Tiruppur District.

3.

The Addl. Secretary

Government of India

Ministry of Consumer Affairs

Food and Public Distribution

(Dept. of Consumer Affairs)

Room No.270, Krishi Bhawan

New Delhi - 110 001.

4.

The Superintendent of Prison

Central Prison - Coimbatore

Coimbatore District.

5.

State rep. by its

The Inspector of Police

CSCID - Tiruppur

Tiruppur District.

H.C.P.No.1569 of 2023

27.09.2023

Page Nos.4/4

https://www.mhc.tn.gov.in/judis

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