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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Annaporrni - Petitioner
Versus
The State of Tamil Nadu, Represented by Secretary to Government, Prohibition & Excise Department & Ors. - Respondents
H.C.P. No. 1415 of 2024
Decided On : 09-08-2024
HABEAS CORPUS - DETENTION ORDER - The court addressed a petition under Article 226 of the Constitution of India for a Writ of Habeas Corpus concerning a detention order. The key legal provision discussed was the authority's power to revoke detention orders, which influenced the court's decision to close the petition upon confirmation of revocation by the competent authority.
Fact of the Case:
The petitioner filed for a Writ of Habeas Corpus to challenge a detention order against her husband, who was detained in Central Prison, Cuddalore.
Finding of the Court:
The court found that the detention order had been revoked by the competent authority, rendering the petition moot.
Issues: Whether the court should adjudicate on the validity of the detention order when it has been revoked.
Ratio Decidendi: The court held that once a detention order is revoked, there is no need for further adjudication on the matter, as the basis for the petition no longer exists.
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 records relating to the detention order dated 27.05.2024 passed by the second respondent in the proceedings in No.C3/D.O./44/2024 in respect of TPDA No.4209 and to quash the same, consequently direct the respondents herein to produce the detenue before the Hon'ble Court and set the detenue petitioner's husband namely Thiru.Selvam son of Govindasamy aged about 48 years, who is presently undergoing detention in Central Prison, Cuddalore.]
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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.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.
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 being challenged has been revoked by the competent authority.
A Habeas Corpus petition becomes moot when the detention order under challenge is revoked by the competent authority.
A Habeas Corpus petition becomes moot when the detention order being challenged is 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 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.
A Writ of Habeas Corpus is rendered 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 Writ of Habeas Corpus becomes moot when the detention order has been revoked by the competent authority.
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