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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Anitha – Petitioner
Versus
State of Tamil Nadu – Respondent
H.C.P. No. 1161 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 Thiru.Tamilarasu under the 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 The court noted that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.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 Habeas Corpus petition seeking the release of her husband, Thiru.Tamilarasu, who was detained under a specific order issued by the authorities.
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The court found that the detention order had already been revoked by the competent authority, rendering the petition moot.
Issues: Whether the court should adjudicate on the validity of the detention order when it has already been revoked.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, the grounds for the petition no longer exist, and thus, further adjudication is unnecessary.
Result: The Habeas Corpus Petition was closed as the detention order had been revoked.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, calling for the records relating to the detention order in Memo C. No. 32/I.T.O./IS/TIRUPPUR CITY/2024 dated 07.05.2024 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's husband Thiru.Tamilarasu S/o. Seelamuthu, aged about 27 years the detenue, now confined in Central Prison, Coimbatore before this Court and set the petitioner's husband Thiru.Tamilarasu S/o. Seelamuthu, aged about 27 years the detenue herein at liberty.
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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.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A Writ of Habeas Corpus becomes moot when the detention order has been revoked by the competent authority.
A Writ of Habeas Corpus becomes moot when the detention order has been revoked by the competent authority.
A Habeas Corpus petition becomes moot when the detention order under which the individual was held is 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.
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 is rendered moot when the detention order has been revoked by the competent authority.
A Habeas Corpus Petition becomes moot when the detention order it seeks to challenge has been revoked by the appropriate authority.
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