Kumar vs The Secretary To The Government
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Madras High Court

Kumar vs The Secretary To The Government on 20 April, 2026

Author: Anita Sumanth

Bench: Anita Sumanth

                                                                              H.C.P.No.2148 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 20.04.2026

                                                     CORAM :

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    and
                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                              H.C.P.No.2148 of 2025

                     Kumar, male, aged 50 years,
                     S/o. Durai Kannan,
                     No.3/105, Thiruvalluvar Street,
                     Pazhanthandalam Village,
                     Kundrathur Taluk, Kancheepuram District.                 .. Petitioner

                                                          vs

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

                     2.The Commissioner of Police,
                       Tambaram City.

                     3.The Superintendent of Prison,
                       Central Prison, Cuddalore.

                     4.The Inspector of Police,
                       T-11, Somangalam Police Station,
                       Tambaram City.                                         .. Respondents

                     Prayer : Petition filed under Article 226 of Constitution of India praying
                     for issuance of Writ of Habeas Corpus to call for the records in
                     connection with the order of detention passed by the second respondent
                     14.08.2025 in BBCDEFGISSSV No.96/2025 against the petitioner’s son
                     K.Karunakaran, male, aged 23 years, S/o. Kumar, who is confined at

                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                    H.C.P.No.2148 of 2025
                     Central Prison, Cuddalore, and set aside the same and direct the
                     respondents to produce the detenu before this Court and set him at liberty.

                                  For Petitioner       :    Mr.P.Raman

                                  For Respondents :         Mr.R.Muniyapparaj
                                                            Additional Public Prosecutor
                                                            assisted by
                                                            Mr.M.Sylvester John

                                                            ORDER

(Made by SUNDER MOHAN, J.)

The father of detenu - K.Karunakaran, S/o. Kumar, aged 23 years,

has filed this petition challenging detention order dated 14.08.2025

branding him as ‘Goonda’ under Section 2(f) of the Tamil Nadu

Preventive Detention Act, 1982 (Act 14/1982).

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.

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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.96/2025 dated 14.08.2025 is set aside.

6. The detenu, viz., K.Karunakaran, S/o. Kumar, aged 23 years,

who is now confined in Central Prison, Cuddalore, 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
                     Neutral Citation:Yes/No
                     ssm/ars

                     Note : Issue Today

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To

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

2.The Commissioner of Police, Tambaram City.

3.The Superintendent of Prison, Central Prison, Cuddalore.

4.The Inspector of Police, T-11, Somangalam Police Station, Tambaram City.

5.The Joint Secretary, Law and Order Department, Secretariat, Chennai

6.The Public Prosecutor, High Court, Madras.

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DR. ANITA SUMANTH,J.

and SUNDER MOHAN,J.

ssm/ars

20.04.2026

https://www.mhc.tn.gov.in/judis