Case Note & Summary
The petitioner, Rajkumar, son of the detenu Ganesan, filed a Habeas Corpus petition under Article 226 of the Constitution of India before the Madras High Court. The petition sought to quash the detention order passed by the second respondent (District Magistrate and District Collector, Namakkal District) in proceedings dated 19.11.2024 under C.M.P.No.74/Bootlegger/2024(M1), which had ordered the preventive detention of Ganesan under the Tamil Nadu Act 14 of 1982. The detenu was confined at Central Prison, Salem. The petitioner prayed for the production of the detenu and his release. During the hearing, the learned Additional Public Prosecutor, Mr. R. Muniyapparaj, appearing for the respondents, submitted that the impugned detention order had been revoked by the competent authority vide G.O.Rt.No.8953, Home, Prohibition and Excise (XIV) Department, dated 30.12.2024. In light of this revocation, the court found that no further adjudication was necessary. Consequently, the Habeas Corpus Petition was closed as infructuous. The order was delivered by the bench comprising Justice S.M. Subramaniam and Justice M. Jothiraman on 03.01.2025.
Headnote
A) Constitutional Law - Habeas Corpus - Preventive Detention - Revocation of Detention Order - The petitioner challenged the detention order passed under the Tamil Nadu Act 14 of 1982. During pendency, the Government revoked the order via G.O.Rt.No.8953 dated 30.12.2024. The court held that no further adjudication is required and closed the petition as infructuous. (Paras 1-2)
Issue of Consideration
Whether the Habeas Corpus petition survives when the impugned detention order has been revoked by the competent authority.
Final Decision
The Habeas Corpus Petition was closed as no further adjudication was required.
Law Points
- Habeas Corpus
- Preventive detention
- Revocation of detention order
- Infructuous petition
Case Details
2025 LawText (MAD) (01) 347
S.M. Subramaniam, M. Jothiraman
Mr. S. Senthilvel (for petitioner), Mr. R. Muniyapparaj (Additional Public Prosecutor for respondents)
The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai; The District Magistrate and District Collector, Namakkal District; The Superintendent of Police, Namakkal District; The Superintendent of Prison, Central Prison, Salem; The Inspector of Police, Prohibition Enforcement Wing, Tiruchengode, Namakkal District
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Nature of Litigation
Habeas Corpus petition challenging preventive detention order.
Remedy Sought
Petitioner sought issuance of a writ of Habeas Corpus to quash the detention order and direct release of the detenu.
Filing Reason
Detention order passed against the petitioner's father under Tamil Nadu Act 14 of 1982.
Previous Decisions
Detention order was revoked by the competent authority vide G.O.Rt.No.8953 dated 30.12.2024.
Issues
Whether the Habeas Corpus petition survives after revocation of the detention order.
Submissions/Arguments
Respondents' counsel submitted that the detention order had been revoked by the competent authority.
Ratio Decidendi
When the impugned detention order is revoked by the competent authority during the pendency of a Habeas Corpus petition, the petition becomes infructuous and no further adjudication is required.
Judgment Excerpts
Mr.R.Muniyapparaj, 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 vide G.O.Rt.No.8953, Home, Prohibition and Excise (XIV) Department, dated 30.12.2024.
Thus, no further adjudication needs to be undertaken and the Habeas Corpus Petition stands closed.
Procedural History
The petitioner filed H.C.P.No.3172 of 2024 before the Madras High Court challenging the detention order dated 19.11.2024. During the hearing on 03.01.2025, the respondents informed the court that the detention order had been revoked on 30.12.2024. The court then closed the petition.
Acts & Sections
- Constitution of India: Article 226
- Tamil Nadu Act 14 of 1982:
