This writ petition filed for habeas corpus challenging a detention order was dismissed as infructuous because the respondent government had already revoked the impugned order.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
H.C.P.No.100 of 2020
Sivanesan ... Petitioner/Son of the Detenue
Vs
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records relating to the detention order in RC.No.C2/34733/2019, dated 26.12.2019 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 mother Ganga W/o.Nagamuthu aged about 52 years the detenue, now confined in Special Prison for Women, Vellore before this Court and set the Petitioner's mother Ganga W/o.Nagamuthu, aged 52 years, the detenue herein at liberty.
For Petitioner : Mr.U.Yuvaraj For Respondents: Mr. R. Prathap Kumar, Additional Public Prosecutor. O R D E R (Order of the court was made by N.KIRUBAKARAN.J.,)
This Petition has been filed by the son of the detenue, viz., Ganga W/o.Nagamuthu, aged 52 years, challenging the detention order passed by the Second respondent against the detenue in R.C.No.C2/34733/2019 dated 26.12.2019.
2.It is represented by the learned Additional Public Prosecutor appearing for the Respondents that the Government has revoked the detention order passed by the Second respondent against the detenue who is the mother of the petitioner.
3.In view of the said representation, this Habeas Corpus Petition is dismissed as infructuous.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
To
1. State of Tamil Nadu,
Rep.by the Secretary, Home,
Prohibition and Excise Department,
Fort St. George,
Chennai – 600 009.
2.The Joint Secretary
Public (law and order)
Fort. St. George
Chennai 9.
3. District Collector and District Magistrate,
Office of the District Collector and District Magistrate,
Villupuram District.
4.The Special Prison for Women
Vellore
5. The Public Prosecutor,
High Court of Madras,
Chennai.
H.C.P.No.100 of 2020
PVS(CO)
SP(01/10/2020)
1 issue framed by the court
Whether the habeas corpus petition challenging the detention order is maintainable in view of the government's representation that the order has been revoked.
2 provisions across 2 enactments
Sivanesan
State of Tamil Nadu
District Collector and District Magistrate, Villupuram
N.Kirubakaran
V.M.Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
