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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Latha - Petitioner
Versus
State of Tamil Nadu, Represented by the Secretary to Government, Department of Home, Prohibition & Excise & Ors. - Respondents
H.C.P. No. 1385 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 Gunasekar. The key legal provision discussed was Article 226 of the Constitution of India, which allows for the issuance of writs. The court noted that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.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 for a Writ of Habeas Corpus to challenge the legality of a detention order against his son, Gunasekar, who was detained in Central Prison, Puzhal - II.
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The court found that the detention order had already been revoked by the competent authority, rendering the petition moot.
Issues: Whether the court should adjudicate on the legality of the detention order when it has already been revoked.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, there is no longer a subject matter for the court to adjudicate upon, as the basis for the petition no longer exists.
Result: The Habeas Corpus Petition was closed as the detention order had been revoked.
ORDER :
S.M. Subramaniam, J.
[PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records in Memo No.561/BCDFGISSSV/2024 passed by the 2nd respondent on 21.05.2024 on the file of the 2nd respondent and quash the same as illegal and consequently direct the respondent to produce petitioner son Gunasekar @ Guna @ Aruppu Guna Son of Venkatesan aged about 23 years before this Court, who now detained in Central Prison, Puzhal - II, and set him at liberty.]
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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.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A Writ of Habeas Corpus is rendered moot when the detention order being challenged has been revoked by the competent authority.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 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 becomes moot when the detention order has been revoked by the competent authority.
A Writ of Habeas Corpus is rendered moot when the detention order has been 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 is rendered 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.
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