Ranjitha vs The Principal Secretary To Government,
2026 Latest Caselaw 2023 Mad

Madras High Court

Ranjitha vs The Principal Secretary To Government, on 20 April, 2026

Author: Anita Sumanth

Bench: Anita Sumanth

HCP No. 2197 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2197 of 2025 Ranjitha W/o.Sridhar, No.737, Gandhi Nagar, Erikarai, Solinganallur, Kancheepuram District.

..Petitioner(s) Vs

1. The Principal Secretary To Government, Home Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Commissioner Of Police, Tambaram City, Office of the Commissioner of Police, Sholinganallur, Chennai-600 119.

3. The Superintendent Of Prison, Central Prison Puzhal, Chennai District.

4. The Inspector Of Police, T-16, Semmanchery Police Station, Chennai.

..Respondent(s)

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Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus calling for the records pertaining to the petitioner’s husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 31.08.2025 on the file of the second respondent herein made in proceedings BBCDEFGISSSV No.110/2025, quash the same as illegal and consequently direct the respondents herein to produce the petitioner’s husband namely Sridhar, S/o.Rajalingam, aged about 26 Years, before this Court and set the petitioner’s husband at liberty from detention, now the petitioner’s husband detained at Central Prison, Puzhal, Chennai.

For Petitioner(s): Mr. D. Akash Kumar for Mr.W.Camyles Gandhi

For Respondent(s): Mr. R. Muniyapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John

Order (Order of the Court was made by Sunder Mohan J.)

The wife of detenu - R.Sridhar, S/o. Rajalingam, has filed this

petition challenging detention order dated 31.08.2025, branding him as

‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act,

1982 (Act 14/1982).

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2. We have heard learned counsel for petitioner and learned

Additional Public Prosecutor for respondents.

3. We find on perusal of the record and on hearing the submissions

on either side that the impugned order cannot be sustained since the

special report sent by the sponsoring authority is undated. The detention

order has been passed on the report of the sponsoring authority. The

compelling necessity to detain the detenu would depend on the date on

which the sponsoring authority has sent his report. In the absence of the

said date, the special report would become irrelevant and the compelling

necessity to detain the detenu becomes doubtful.

4. Further in 'Rekha Vs. State of Tamil Nadu through Secretary to

Government and another' reported in '2011 [5] SCC 244', the Hon’ble

Supreme Court had held that where the detention order is passed on any

irrelevant material, then, the detention order is liable to be quashed.

Therefore, we are of the view that for the aforesaid reason the impugned

detention order is liable to be set aside.

5. In light of the aforesaid discussion, this Habeas Corpus Petition

is allowed and the Detention Order passed by the second respondent in

BBCDEFGISSSV No.110/2025, dated 31.08.2025 is set aside.

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6. The detenu, viz., R.Sridhar, S/o. Rajalingam, aged 26 years, who

is now confined in Central Prison, Puzhal, Chennai, is hereby directed to

be set at liberty forthwith unless his presence is required in connection

with any other case.

(A.S.M.,J.) (S.M.,J.) 20-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

ssm/ars

To

1. The Principal Secretary To Government, Home Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Commissioner Of Police, Tambaram City, Office of the Commissioner of Police, Sholinganallur, Chennai-600 119.

3. The Superintendent Of Prison, Central Prison Puzhal, Chennai District.

4. The Inspector Of Police, T-16, Semmanchery Police Station, Chennai.

5. The Public Prosecutor, High Court, Madras.

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DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

ssm/ars

20-04-2026

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