Petitioner filed a habeas corpus petition for the release of her brother, Vadivel (Velubhai), detained under Tamil Nadu Act 14 of 1982. The Court dismissed the petition because the Advisory Board had already revoked the impugned detention order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HCP No.2702 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.6.2020
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
H.C.P.No.2702 of 2019
Kavitha ...Petitioner
Vs
1.State of Tamil Nadu, rep.by the
Secretary, Home, Prohibition & Excise
Department, Fort.St.George,
Chennai-9.
2.The Commissioner of Police,
Greater Chennai City, Vepery,
Chennai-7. ...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Habeas Corpus to call for the records of relating to the detention order in Memo No.765/BCDFGISSSV/2019 dated 09.11.2019 passed by the second respondent under the Tamil Nadu Act 14 of 1982, set aside the same and direct the respondents to produce the petitioner’s brother Vadivel (a) Velubhai, S/O Kasi, aged about 39 years, the detenu, now confined in the Central Prison, Puzhal, Chennai before this Court and set the petitioner’s brother Vadivel (a) Velubhai, S/O Kasi, aged about 39 years, the detenu at liberty forthwith.
For Petitioner : Mr.T.V.Somasundaram For Respondents : Mrs.Prabhavathi, APP
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HCP No.2702 of 2019
T.S.SIVAGNANAM, J. AND
PUSHPA SATHYANARAYANA, J.
RS/ASR
O R D E R
(Order of the Court was made by T.S.SIVAGNANAM,J)
We have heard Mr.T.V.Somasundaram, learned counsel for the
petitioner and Mrs.Prabhavathi, learned Additional Public Prosecutor appearing for the respondents.
the Advisory Board already revoked the impugned detention order.
(T.S.S., J.) (P.S.N., J.)
16.6.2020
To
RS/ASR
Page 2/3
HCP No.2702 of 2019
H.C.P.No.2702 of 2019
Page 3/3
2 issues framed by the court
Whether a writ of habeas corpus admits of a dismissal when the Advisory Board has already revoked the detention order.
Whether the habeas corpus petition should be dismissed given the revocation of the detention order by the Advisory Board.
2 provisions across 2 enactments
Kavitha
State of Tamil Nadu
Commissioner of Police, Greater Chennai City
T.S.SIVAGNANAM
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
