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2024 Supreme(Mad) 1195

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, V.SIVAGNANAM, JJ.
R.Daisy – Appellant
Versus
The State of Tamil Nadu – Respondents
H.C.P.No.1521 of 2024
Decided on : 09-08-2024

Advocates:
Advocate Appeared
For the Appellant : Mr.A.Samson
For the Respondents: Mr.E.Raj Thilak, Additional Public Prosecutor

IMPORTANT POINT
A Writ of Habeas Corpus becomes moot when the detention order under which the individual was confined is revoked by the competent authority.

Headnote:

HABEAS CORPUS - DETENTION ORDER - The court addressed a petition under Article 226 of the Constitution of India for a Writ of Habeas Corpus concerning the detention of Raja under the Goonda Act. The court noted that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.

Fact of the Case:

The petitioner sought a Writ of Habeas Corpus to produce Raja, who was detained under the Goonda Act, and to quash the detention order dated 24.05.2024.

Finding of the Court:

The court found that the detention order had already been revoked by the competent authority, rendering the petition moot.

Issues: Whether the court should proceed with the adjudication of the habeas corpus petition given the revocation of the detention order.

Ratio Decidendi: The court held that once the detention order is revoked, the basis for the habeas corpus petition ceases to exist, and thus no further adjudication is warranted.

Result: The Habeas Corpus Petition was closed as the detention order had been revoked.

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct to produce the body of the detenue by name Raja aged 34, Son of Iyyanar presently confined at Central Puzhal, Chennai before this Court and set him at liberty forthwith, after calling for the records pertaining to the detention order dated 24.05.2024 made in No.572/BCDFGISSSV/2024 passed by the 2nd respondent, Goonda Act and quash the same.

Mr.E.Raj Thilak, the learned Additional Public Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.

2. In view of the above submission, this Habeas Corpus Petition stands closed.

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