P.Uma vs The Additional Chief Secretary To ...
2025 Latest Caselaw 7281 Mad

Citation : 2025 Latest Caselaw 7281 Mad
Judgement Date : 19 September, 2025

Madras High Court

P.Uma vs The Additional Chief Secretary To ... on 19 September, 2025

Author: J.Nisha Banu

Bench: J. Nisha Banu

H.C.P.No.1274 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025
CORAM:
THE HONOURABLE MRS. JUSTICE J. NISHA BANU
AND
THE HONOURABLE MR. JUSTICE S. SOUNTHAR

H.C.P.No.1274 of 2025

P.Uma
D/o Paneerselvam ... Petitioner

Vs.

1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai – 600 009

2. The District Collector and District Magistrate,
O/o The District Collector and District Magistrate,
Nagapattinam District

3. The Superintendent of Police,
O/o The Superintendent of Police,
Nagapattinam District.

4. The Inspector of Police,
Kariyapattinam Police Station,
Nagapattinam.

5. The Superintendent of Prison,
Central Prison, Cuddalore. ... Respondents

PRAYER: The Habeas Corpus Petition is filed under Article 226 of the
Constitution of India for the issuance of a Writ of Habeas Corpus, to call

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H.C.P.No.1274 of 2025

for the records relating to the detention order passed by the second
respondent pertaining to the order made in C.O.C.No.13/2025 dated
19.05.2025 in detaining the detenu under 2(f) of the Tamil Nadu ct 14 of
1982 as a 'GOONDA' and quash the same and direct the respondent to
produce the detenu, Panneerselvan,, Son of Govindhasamy, aged about
57 years, who is detained in Central Prison, Cuddalore before the Court
and set him at liberty.
For Petitioner : Mr.U.Kathiravan

For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor

ORDER

J.Nisha Banu,J.

and S.Sounthar,J

The petitioner is the daughter of the detenu, viz., Panneerselvan,

Son of Govindhasamy, aged about 57 years, who is confined at Central

Prison, Cuddalore, has come forward with this petition challenging the

detention order passed by the second respondent in C.O.C.No.13/2025

dated 19.05.2025, branding him as "Goonda" under the Tamil Nadu

Prevention of Dangerous Activities of Bootleggers, Cyber Law

Offenders, Drug offenders, Forest offenders, Goondas, Immoral Traffic

offenders, Sand offenders, Sexual Offenders, Slum Grabbers and Video

Pirates Act, 1982 [Tamil Nadu Act 14 of 1982] read with the order

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issued by the Government in G.O.(D).No.120 Home Prohibition and

Excise (XVI) Department dated 11.04.2025 under section 3(2) of the

aforesaid Act.

2. We have heard the learned counsel appearing for the petitioner

and the learned Additional Public Prosecutor appearing for the

respondents. We have also perused the records produced by the

Detaining Authority.

3. Learned counsel for the petitioner would state that the detenu

was arrested on 17.04.2025 and the detention order was passed only on

19.05.2025. Hence, there is a delay in passing the order of detention.

Therefore, the detention order is liable to be quashed.

4. Learned Additional Public Prosecutor would also states that the

petitioner was arrested on 17.04.2025 and the order of detention was

passed only on 19.05.2025 and there is a delay of 2 days in passing the

detention order.

5. We have gone through the entire materials placed on record. As

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seen from the grounds of detention, it is clear that though the detenu was

arrested on 17.04.2025, the order of detention came to be passed only on

19.05.2025. There is no satisfactory explanation offered by the Detaining

Authority for the delay in passing the order of detention. Hence, the

impugned order of detention is liable to be set aside.

6. Further, the issue involved in this petition is squarely covered

by the ratio laid down by the decision of the Hon'ble Supreme Court in

the case of Sushanta Kumar Banik Vs. State of Tripura', reported in

'2022 LiveLaw (SC) 813. The relevant portion of the said judgment of

the Hon'ble Supreme Court is extracted hereunder:-

“20. It is manifestly clear from a conspectus of the above decisions of this Court, that the underlying principle is that if there is unreasonable delay between the date of the order of detention & actual arrest of the detenu and in the same manner from the date of the proposal and passing of the order of detention, such delay unless satisfactorily explained throws a considerable doubt on the genuineness of the requisite subjective satisfaction of the detaining authority in passing the detention order and consequently render the detention order bad and invalid because the “live and proximate link” between the grounds of detention and the

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purpose of detention is snapped in arresting the detenu. A question whether the delay is unreasonable and stands unexplained depends on the facts and circumstances of each case.” Therefore, following the aforesaid judgment of the Hon'ble Supreme

Court, the impugned order passed by the 2nd respondent is liable to be set

aside.

7. Accordingly, the Habeas Corpus Petition is allowed and the

detention order passed by the second respondent

respondent in C.O.C.No.13/2025 dated 19.05.2025 is hereby set aside.

The detenu, viz., Panneerselvan,, Son of Govindhasamy, aged about 57

years, who is now confined in the Central Prison, Cuddaloe, is hereby

directed to be set at liberty forthwith unless his presence is required in

connection with any other case.

(J.NISHA BANU J.) (S.SOUNTHAR J.) 19.09.2025 vsi

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1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009

2. The District Collector and District Magistrate, O/o The District Collector and District Magistrate, Nagapattinam District

3. The Superintendent of Police, O/o The Superintendent of Police, Nagapattinam District.