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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, V.Sivagnanam, JJ.
Ms.Srinithi - Petitioner
Versus
The Secretary to Government State of Tamil Nadu Home, Prohibition and Excise Department and ors. – Respondents
H.C.P.No.1232 & 1235 of 2024
Decided On : 06-08-2024
HABEAS CORPUS - DETENTION ORDERS - The court addressed petitions for habeas corpus concerning the detention of individuals under the Tamil Nadu Act 14 of 1982. The key legal provision discussed was the authority of the competent authority to revoke detention orders, which influenced the court's decision to close the petitions without further adjudication due to the revocation of the orders.
Fact of the Case:
Petitions were filed under Article 226 of the Constitution of India seeking a writ of habeas corpus for two detenues, Dhandapani and Anguraj, who were detained under the Tamil Nadu Act 14 of 1982.
Finding of the Court:
The court found that the orders of detention had been revoked by the competent authority, rendering the petitions moot.
Issues: Whether the court should adjudicate the habeas corpus petitions in light of the revocation of the detention orders.
Ratio Decidendi: The court held that once the detention orders are revoked, there is no need for further adjudication on the habeas corpus petitions.
Result: Both habeas corpus petitions were closed as the detention orders had been revoked.
ORDER :
S.M. SUBRAMANIAM, J.
PRAYER in HCP.No.1232 of 2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records in connection with the order of detention passed by the 2nd respondent dated 03.05.2024 in vide TPDA 5699 bearing order 453/BCDFGISSSV/2024-Detenue Dhandapani, Male, aged 58 years, son of Chinnasamy who is confined at Central Prison, Puzhal as remand prisoner in Cr.No.56/2024, Cr.No.60/2024, Cr.No.61/2024 under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the 2nd respondent to produce the detenue before this Hon'ble High Court and set him at liberty.
PRAYER in HCP.No.1235 of 2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records in connection with the order of detention passed by the 2nd respondent dated 03.05.2024 in vide TPDA 5698 bearing order 452/BCDFGISSSV/2024 Detenue Anguraj, Male, aged 43 years, son of Ramalingam who is confined at Central Prison, Puzhal as remand prisoner in Cr.No.56/2024, Cr.No.60/2024, Cr.No.61/2024 under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the 2nd respondent to produce the detenue before this Hon'ble High 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 orders of detention have already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.
2. In view of the above submission, both the Habeas Corpus Petitions stand closed.
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 which the individual was held is 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.
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 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 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.
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