The Madras High Court disposed of a Habeas Corpus petition filed by P.Vijaya challenging his son's detention. The Court accepted the submission that the detention order was already revoked by the Advisory Board and closed the petition as nothing survives.
Captioned Habeas Corpus petition disposed of as closed; no order as to costs.
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.
H.C.P(MD)No.893 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.10.2023
CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
H.C.P(MD)No.893 of 2023
P.Vijaya
... Petitioner
vs.
... Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, calling for the entire records in detention order No.40/2023 dated 13.06.2023 on the file of the 2nd respondent herein and set aside the same as illegal and direct the rspondents to produce the body or person of the petitioner son namely P.Vimal S/o.Periyakaruppan, male aged 40 years, who is detained in Central Prison, Madurai before this Court and set him at liberty.
Page No.1 of 4
H.C.P(MD)No.893 of 2023
For Petitioner : Mr.Na.Manimaran For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J. ]
This order will now dispose of the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity].
Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for respondents are before us.
submission is made that nothing survives in the captioned habeas corpus petition.
Page No.2 of 4
H.C.P(MD)No.893 of 2023
5. Recording the aforementioned common submission, captioned
HCP is disposed of as closed. There shall be no order as to costs.
(M.S., J.) (R.S.V., J.) 17.10.2023
Index : No Internet : Yes Neutral Citation : Yes PKN
To
Page No.3 of 4
H.C.P(MD)No.893 of 2023
M.SUNDAR, J. and R.SAKTHIVEL, J.
PKN
ORDER MADE IN H.C.P(MD)No.893 of 2023
17.10.2023
Page No.4 of 4
2 issues framed by the court
Whether a Writ of Habeas Corpus survives after the impugned preventive detention order has been revoked by the Advisory Board.
Whether the Court should issue directions to produce the petitioner or declare the detention illegal after revocation.
1 provisions across 1 enactments
P.Vijaya
Additional Chief Secretary to Government, Home, Prohibition and Excise Department
District Collector and District Magistrate, Theni
Superintendent, Central Prison, Theni District
M.Sundar
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
