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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Kayalvizhi – Petitioner
Versus
The State of Tamil Nadu – Respondent
H.C.P. No. 1107 of 2024
Decided On : 06-08-2024
HABEAS CORPUS - DETENTION ORDER - The court addressed a petition under Article 226 of the Constitution of India for a Writ of Habeas Corpus concerning the detention of an individual as a sexual offender. The court noted that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.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 Habeas Corpus petition to challenge the detention order dated 03.05.2024 against her husband, Dinesh, who was detained as a sexual offender in 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The court found that the detention order had already been revoked by the competent authority, rendering the petition moot.
Issues: Whether the court should adjudicate on the validity of the detention order when it has already been revoked.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, thus leading to the closure of the petition.
Result: The Habeas Corpus Petition was closed as the detention order had been revoked.
ORDER :
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 03.05.2024 passed by the second respondent in his proceedings No. Cr.M.P. No. 36/Sexual Offender/2024 and quash the same and direct the respondents herein to produce the petitioner's husband namely Dinesh @ Dineshkumar, son of Kathirvelsamy aged about 28 years, who is presently under going detention in the Central Prison, Coimbatore, as Sexual Offender before this Court and set him at liberty forthwith.
1. 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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.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A Habeas Corpus petition becomes moot when the detention order being challenged has been revoked by the competent authority.
A Writ of Habeas Corpus is rendered moot when the detention order has been revoked by the competent authority.
A Writ of Habeas Corpus is rendered 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.
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 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 being challenged 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 Habeas Corpus petition becomes moot when the detention order being challenged is revoked by the competent authority.
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