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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Chithra - Petitioner
Versus
The Secretary to Government, Home, Prohibition & Excise Department, Secretariat & Ors. - Respondents
H.C.P. No. 1268 of 2024
Decided On : 09-08-2024
HABEAS CORPUS - DETENTION ORDER - The court addressed a petition for a Writ of Habeas Corpus concerning the detention of the petitioner's husband under Tamil Nadu Act 14 of 1982. The court noted that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.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 filed a Writ of Habeas Corpus seeking to challenge the detention of her husband, Karuppaiya, under a detention order dated 25.05.2024, claiming it was illegal.
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The court found that the detention order had already been revoked by the competent authority, rendering the petition moot.
Issues: Whether the court should adjudicate on the legality of the detention order when it has already been revoked.
Ratio Decidendi: The court held that once a detention order is revoked, the grounds for the petition no longer exist, and thus, further adjudication is unnecessary.
Result: The Habeas Corpus Petition was closed due to the revocation of the detention order.
ORDER :
S.M. Subramaniam, J.
[PRAYER: Petition filed under Article 226 of the Constitution of India to issue 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 25.05.2024 on the file of the second respondent herein made in proceedings Memo C.No.42/D.O./IS/Tiruppur City/2024, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Karuppaiya, S/o. Solaimalai, aged 41 years before this Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained at Central Prison, Coimbatore.]
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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.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.
A Writ of Habeas Corpus becomes moot when the detention order being challenged has been revoked by the competent authority.
A Writ of Habeas Corpus becomes moot when the detention order has been revoked by the competent authority.
A Habeas Corpus petition becomes moot when the detention order under which the individual was held is revoked by the competent authority.
The revocation of a detention order by the competent authority negates the need for judicial review of the order.
A Writ of Habeas Corpus becomes moot when the detention order has been revoked by the competent authority.
A Habeas Corpus petition becomes moot when the detention order being challenged is revoked by the competent authority.
The revocation of detention orders by the competent authority negates the need for habeas corpus proceedings.
A Habeas Corpus petition becomes moot when the detention order being challenged is revoked by the competent authority.
A Writ of Habeas Corpus is rendered moot when the detention order being challenged has been revoked by the competent authority.
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