Petitioner filed a habeas corpus petition challenging a detention order against her husband. The Court observed that the impugned detention order was quashed by this Court in a previous order dated 26.05.2020 and consequently closed the petition as nothing survived.
habeas corpus petition closed as impugned detention order already quashed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2021
Coram
The Honourable Mr. Justice P.N.PRAKASH and
The Honourable Ms. Justice R.N.MANJULA
H.C.P.No.2576 of 2019
Parimala
...Petitioner
Vs.
St.George Fort, Chennai.
(RR 3 and 4 are suo motu impleaded as per the orders of this Court dated 16.03.2020 and 23.07.2020 passed in H.C.P.No.2576 of 2019, respectively)
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records in connection with the order of detention passed by the second respondent dated 11.11.2019 in Memo No.C3/D.O.No.122/2019 against the petitioner's husband Rajesh, male, aged about 40 years, S/o.Dhamodharan, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.S.Senthil Vel For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)
ORDER
[Made by P.N.PRAKASH, J.]
The petitioner challenges the impugned order of detention in C3/D.O.No.122/2019 dated 11.11.2019 detaining her husband as “Sand Offender”, as contemplated under Section 2(gg) of the Tamil Nadu Act 14 of 1982.
In view of the above, nothing survives in this habeas corpus petition and the same is accordingly closed.
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
nsd
To
H.C.P.No.2576 of 2019
NSD(CO) LS(21/09/2021)
1 issue framed by the court
Whether a habeas corpus petition challenging a detention order survives when the underlying detention order has already been quashed by the Court.
2 provisions across 2 enactments
Parimala
Secretary to Government, Home, Prohibition and Excise Department
District Collector and District Magistrate, Vellore District
Secretary, Government of Tamil Nadu, Department of Geology and Mining
Director General of Police, Mylapore
P.N.Prakash
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
