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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Jothimani - Petitioner
Versus
The Secretary to Government (Home), Prohibition and Excise Department, Government of Tamil Nadu & Ors. - Respondents
H.C.P. No. 1486 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 an individual. The key legal provision discussed was Article 226 of the Constitution of India, which allows for the issuance of such 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 The court noted that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.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 detention order dated 21.05.2024 against Balaji, who was detained at Central Prison, Coimbatore.
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The court found that the detention order had already been revoked by the competent authority, rendering the petition moot.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Ratio Decidendi: The court determined that since the detention order was revoked, there was no longer a basis for the habeas corpus petition, and thus, further adjudication was unnecessary.
Result: The Habeas Corpus Petition was closed as the detention order had been revoked.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, to call for the records pertaining to the order of detention dated 21.05.2024 passed by the 2nd respondent in C.No.51/G/IS/2024 and quash the same and produce the detenue, Balaji, aged 26 years, S/o. Murugesan, detained at Central Prison, Coimbatore, before this Court 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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.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 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A Writ of Habeas Corpus is rendered moot when the detention order being challenged has been revoked by the competent authority.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 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 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 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.
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.
The revocation of a detention order by competent authority renders a Habeas Corpus petition moot.
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