Petitioner filed a writ of habeas corpus under Article 226 to quash a detention order and produce her son. The State submitted that the detention order was already revoked via subsequent Government Order, rendering the petition infructuous.
Petition dismissed as infructuous since the detention order was already revoked.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.09.2017
CORAM
THE HON'BLE Mr.JUSTICE A.SELVAM
and
THE HON'BLE Mr.JUSTICE P.KALAIYARASAN
H.C.P.No.1199 of 2017
Amudha .. Petitioner
Vs
1. The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Fort St. George
Chennai-600 009.
2. The Commissioner of Police
Greater Chennai
O/o.Commissioner of Police
(Goondas Section)
Vepery,Chennai – 600 007 .. Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the entire records relating to the petitioner's son detention under Tamil Nadu Act 14, of 1982 vide detention order dated 24.05.2017 on the file of the second respondent herein made in proceedings Memo No.297/BCDGISSSV/2017, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely Manikandan @ Kurangu Mani S/o.Muniyappan, aged 25 years before this Court and the set the petitioner's son at liberty from detention, now the petitioner's son is detained at Central Prison, Puzhal, Chennai.
For Petitioner : Mr.S. Senthilvel for Mr.W.Camyles Gandhi
For Respondents : Mr.V.M.R.Rajentran, Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.SELVAM, J.]
This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for the records relating to the detention order passed in 297/BCDFGISSSV/2017 dated 24.05.2017 by the Detaining Authority against the detenu by name, Manikandan @ Kurangu Mani, aged 25 years, S/o.Muniyappan, residing at No.131, 11th Street, Annai Sivagami Nagar, Ennore, Chennai-57 and quash the same.
relief sought in the petition has become infructuous. 4. In fine, this petition is dismissed as infructuous. s/d-
Assistant Registrar(CO)
True Copy Sub-Assistant Registrar
gpa To 1.The Joint Secretary to Government of Tamil Nadu, Public [Law and Order] Department, Secretariat, Chennai-9. 2. The Secretary to Government, Government of Tamil Nadu, Home Prohibition and Excise Department, Fort St. George, Chennai-9.
H.C.P.No.1199 of 2017
KK(CO)
sp(06/10/2017)
3 issues framed by the court
Whether a writ of habeas corpus can be maintained after the detention order has been revoked.
Whether the petition for recall of detention is infructuous.
Whether the petitioner's son needs to be produced before the court to set him at liberty.
2 provisions across 2 enactments
Amudha
The Secretary to Government, Home, Prohibition and Excise Department
The Commissioner of Police, Greater Chennai
A.SELVAM
P.KALAIYARASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
