Case Note & Summary
The petitioner, Kaleeswari, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the Madras High Court, challenging the detention order dated 03.12.2024 passed by the third respondent (District Collector and District Magistrate, Coimbatore) in Cr.M.P.No.75/BM/2024. The detenu was Kavin Kumar, son of Ramachandran, aged 22 years, who was confined in Central Prison, Coimbatore. The petition sought to set aside the detention order and direct the respondents to produce the detenu and set him at liberty. During the hearing, the learned Additional Public Prosecutor, Mr. R. Muniyapparaj, appearing for respondents 2 to 6, submitted that the impugned detention order had already been revoked by the competent authority. In view of this submission, the court held that no further adjudication was necessary and closed the Habeas Corpus Petition. The order was passed by the Division Bench comprising Justice S.M. Subramaniam and Justice M. Jothiraman on 06.01.2025.
Headnote
A) Preventive Detention - Habeas Corpus - Revocation of Detention Order - Essential Commodities Act, 1955 - The petitioner challenged the detention order dated 03.12.2024 passed by the District Magistrate, Coimbatore. During the pendency of the petition, the competent authority revoked the detention order. 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Whether the Habeas Corpus petition survives when the impugned detention order has been revoked by the competent authority.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
Habeas Corpus Petition closed as infructuous in view of the revocation of the detention order by the competent authority.
Law Points
- Habeas Corpus petition becomes infructuous if detention order is revoked by competent authority
Case Details
2025 LawText (MAD) (01) 371
S.M.SUBRAMANIAM, M.JOTHIRAMAN
Mrs.R.Subadra Devi, Mr.R.Rajesh Vivekananthan, Mr.R.Muniyapparaj
1.The Additional Chief Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs), New Delhi; 2.The Secretary to the Government, Co-operation, Food and Consumer Protection Department, Chennai; 3.The District Collector and District Magistrate, Coimbatore District; 4.The Superintendent of Police, Coimbatore District; 5.The Superintendent of Prison, Central Prison at Coimbatore; 6.The Inspector of Police, Pollachi Unit Civil Supply CID, Coimbatore.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Habeas Corpus petition challenging preventive detention order
Remedy Sought
Petitioner sought to set aside the detention order and direct respondents to produce the detenu and set him at liberty
Filing Reason
Detention order dated 03.12.2024 passed by the District Magistrate, Coimbatore under the Essential Commodities Act, 1955
Previous Decisions
Detention order was revoked by the competent authority during the pendency of the petition
Issues
Whether the Habeas Corpus petition survives when the impugned detention order has been revoked by the competent authority.
Submissions/Arguments
Respondents 2 to 6 submitted that the impugned detention order has been revoked by the competent authority, thus no further adjudication is needed.
Ratio Decidendi
A Habeas Corpus petition challenging a detention order becomes infructuous if the detention order is revoked by the competent authority during the pendency of the petition, and no further adjudication is required.
Judgment Excerpts
Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing on behalf of the respondents 2 to 6 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.
In view of the above submission, this Habeas Corpus Petition stands closed.
Procedural History
The petitioner filed H.C.P.No.3242 of 2024 before the Madras High Court challenging the detention order dated 03.12.2024. During the hearing on 06.01.2025, the respondents informed the court that the detention order had been revoked by the competent authority. The court then closed the petition.
Acts & Sections
- Constitution of India: Article 226
- Essential Commodities Act, 1955:
